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(영문) 부산지방법원 2015.05.27 2014가단86406
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 25,00,000 and the interest rate of KRW 20% per annum from November 28, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is the mother of C and the former mother of the Defendant, and the Defendant is the person who was married with C and his/her legal couple on September 17, 2014.

B. On March 25, 2013, the Plaintiff paid the sum of KRW 25 million in cash and checks to C, who is his/her his/her dependent, and remitted KRW 10 million to a bank account in the name of C on the same day.

(hereinafter referred to as "the money in this case"). 【No dispute exists with the ground for recognition, each entry in Gap evidence Nos. 1 and 2, and the purport of all pleadings.

2. The parties' assertion

A. At the time, the Plaintiff lent the instant money under the name of the Defendant’s husband and wife as the remainder of apartment complex purchased under the name of the Defendant, and thereafter, he was paid KRW 10 million from the Defendant. Thus, the Defendant asserts that the Defendant is obligated to pay the remainder of the loans to the Plaintiff and the damages for delay.

B. As to this, the Defendant asserted that the instant money was donated to C at the time when the Defendant maintained a marital relationship with C, and thus, the Plaintiff cannot accept the Plaintiff’s claim.

3. It is difficult to readily conclude that it was a donation without preparing a dispositive document, such as a loan certificate, while giving and receiving money between the judgment women. Whether it is a loan for consumption or a loan for consumption should be determined by comprehensively taking into account the background leading up to the receipt of money, the source, amount, and intent of return, etc.

The above facts and each of the following circumstances revealed by adding Gap evidence Nos. 3, 4, 5, 7, and 8 to the witness Eul's testimony and the whole purport of the pleading. In other words, the defendant concluded a sales contract with D around February 7, 2013, which was legally married with C, to purchase the 7-dong No. 1001 (hereinafter "the apartment of this case") located in Busan East-gu E (hereinafter "the apartment of this case") from D around February 7, 2013, and the defendant's husband and wife at the time sold the existing apartment of this case with the price of the apartment of this case.

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