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Reasons
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(영문) 대구지방법원포항지원 2016.01.19 2014가단6938
과불금반환
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff has made a monetary transaction with the Defendant from the end of 2003 to June 26, 2013 by lending money from the Defendant and paying the principal and interest.

B. On December 13, 2011, the Plaintiff, the spouse of Non-Party C, completed the registration of creation of a mortgage (hereinafter “the registration of creation of a mortgage”) around the amount of KRW C, the mortgagee, the Defendant, and the maximum debt amount of KRW 26,000,00 with respect to the non-party D apartment 114, 2001 (hereinafter “the instant apartment”). On the same day, the registration of creation of a mortgage over the instant apartment was cancelled on January 18, 2013, and again, on the same day, the Plaintiff completed the registration of creation of a mortgage (hereinafter “the registration of creation of a mortgage over the second place”) over the Defendant with respect to the instant apartment at issue with C, the mortgagee, the Defendant, and the maximum debt amount of KRW 26,00,00.

C. After January 15, 2013, the Plaintiff borrowed money from the Defendant as shown in the attached Table 1 or borrowed money from the Defendant by means of purchasing goods with the Defendant’s credit card and receiving cash services. Since January 19, 2013, in relation to the amount repaid on June 26, 2013 as shown in the attached Table 2, the Plaintiff stated KRW 24,460,000 in the attached Table 1 (Receipt) but there is no dispute between the parties.

D.

The establishment registration of the second place was cancelled on June 26, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 8, 9, Eul evidence Nos. 1 and 3 (including each number), the purport of the whole pleadings

2. Arrangement of arguments by the parties;

A. Plaintiff 1’s Plaintiff from January 15, 2013 to the same year

2. up to 20. up to 20. The defendant borrowed 15,236,030 won in total by borrowing cash from the defendant, purchasing goods by using the defendant's credit card, or receiving cash services.

2 The Plaintiff borrowed money from the Defendant as above and on January 19, 2013.

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