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(영문) 서울중앙지방법원 2016.07.20 2016나485
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Determination on the cause of the claim

A. As the Plaintiff’s summary of the Plaintiff’s assertion lent KRW 40,061,021 to the Defendant at least once during the period from November 20, 201 to June 3, 2013, the Defendant is obligated to pay the Plaintiff the loan amount of KRW 40,061,021 and delay damages.

B. Determination 1) According to each of the Plaintiff’s evidence Nos. 1 through 4, and 8, it is acknowledged that the Plaintiff wired KRW 40,061,021 to the Defendant’s account at 11 times between November 20, 2011 and June 3, 2013. However, the following points are acknowledged by considering the following: (i) the Plaintiff and the Defendant was in de facto marital relationship from November 201 to 30, 201; (ii) the Plaintiff’s unilateral notification appears to have broken down de facto marital relationship on December 2013; (iii) the Plaintiff’s claim that the Defendant lent money to the Defendant for the purpose of changing the Plaintiff’s credit deposit amount from November 20, 201 to June 3, 2013, the Plaintiff’s claim that the money was not transferred to the Defendant for the purpose of paying out the money to the Defendant’s account for a relatively small amount of money, and (iv) the Plaintiff’s claim that the money was transferred to the Defendant’s obligee.

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