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(영문) 서울중앙지방법원 2019.05.24 2018가단5135136
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. In around 2013, while operating a travel agent in Jeju-do, the Plaintiff sent the Defendant, who was a travel guide, to the introduction of the branch. From that time to April 2018, the Plaintiff conspired with the Defendant.

B. On November 12, 2014, the Defendant registered as a representative director in the name of C Co., Ltd. substantially operated by the Plaintiff, and the Plaintiff, while operating the said company, used a bank account under the name of the Defendant (E).

C. The Defendant transferred 10,40,000 won from the Plaintiff’s name bank account to the Plaintiff’s name (F), from the Plaintiff’s name account to April 14, 2015, and from the H I bank account to February 25, 2015, the sum of KRW 10,400,000, from November 19, 2013 to February 25, 2015, from the JB bank account under the Plaintiff’s name (E) to the sum of KRW 32,407,542, from April 21, 2016 to June 26, 2017, and from the Defendant bank account under the Plaintiff’s name (E) to the sum of KRW 67,183,680, from January 27, 2015 to August 14, 2017.

On March 11, 2015, the defendant purchased K Housing on March 11, 2015, and the same year with respect to the housing above.

3. On June 21, 2017, the registration of ownership transfer was completed, and on June 21, 2017, a lease contract was concluded with the content that the lease deposit amount is KRW 2 million and KRW 7.5 million per annum for rent.

[Ground of recognition] Facts without dispute, Gap's 9, 10, 17 evidence, Eul's 3 to 5 evidence, the purport of the whole pleadings

2. The parties' assertion

A. From 2013 to 2017, the Plaintiff asserted that the Defendant lent a total of KRW 160,108,494 as indicated in the following table.

G I D JH B AH

B. The Plaintiff and the Defendant asserted that they were in de facto marital relationship by living together from around 2013 to April 2018 for about five years, and that the amount that the Plaintiff paid to the Defendant was the interest, etc. on loans that the Plaintiff incurred while living together with living expenses or housing in the name of the Defendant, and that there was no fact that the Plaintiff lent money to the Defendant.

3. Determination

(a) Transfer of money to another person’s deposit account, etc.; and

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