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(영문) 수원지방법원 2017.10.19 2016나70888
대여금
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts do not conflict between the parties, or each entry in Gap evidence Nos. 1 to 3, 5, 9, 10, and Eul evidence Nos. 1 and 5 (including serial numbers), with a comprehensive view to the whole purport of the pleadings. A.

The Plaintiff is engaged in the construction business under the trade name of “D,” and Defendant B is the Defendant B’s wife from November 2, 2009 to October 31, 201, when E Co., Ltd. (hereinafter “E”) works as the head of the E-site office of G development project (hereinafter “instant construction project”) performed in F in Yangsan-si, Yangsan-si, and Defendant C is the Defendant B’s wife.

B. After becoming aware of Defendant B through H around May 2010, the Plaintiff entered into a construction subcontract with E to accept part of the instant construction work from E, and thereafter H performed the subcontracted part of the instant construction work.

C. On August 24, 2010, the Plaintiff transferred KRW 10,000,000 to the deposit account under Defendant B’s name. H transferred KRW 20,000,000 to the deposit account under Defendant B’s name on December 31, 2010.

On September 21, 201, Defendant B remitted KRW 10,000,000 to the deposit account in the Plaintiff’s name, and KRW 20,000,000 to the deposit account in the Plaintiff’s name.

E. On October 28, 201, the Plaintiff transferred KRW 25,000,00 to the deposit account in Defendant C’s name.

2. Judgment on the plaintiff's claim

A. On August 24, 2010, the summary of the Plaintiff’s assertion: (a) leased KRW 10,000,000 to Defendant B under the name of Defendant B for the purpose of transferring KRW 10,000 to the deposit account in the name of Defendant C; (b) on October 28, 2011, the Plaintiff lent KRW 25,000,000 to Defendant B for the remainder of the purchase price of apartment purchased by the Defendants to the deposit account in the name of Defendant C; and (c) on October 28, 201, lent KRW 25,00,000 to Defendant B for the remainder of the purchase price.

The Defendants actually maintain the common life of the Defendants’ husband and wife, as seen above, the sum of KRW 35,000,000 leased by the Plaintiff.

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