logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2020.11.19 2020가단81492
약정금
Text

1. The Defendant’s KRW 77,541,222 among the Plaintiff and KRW 25,015,456 among the Plaintiff, shall be KRW 52,52,525,766 from October 30, 2019.

Reasons

1. The Plaintiff and the Defendant conspired from January 2014 to March 2018, and the Defendant began to live together with the Plaintiff’s residence from January 2015.

The Plaintiff transferred to the Defendant totaling KRW 7,589,650, total sum of KRW 2,055,010 from the securities account, totaling KRW 2,468,150 from the E Bank account, totaling KRW 3,810,00 from the F Bank account, totaling KRW 69,807,556 from the G Bank account, totaling KRW 65,115,456 from the H Bank account.

On May 24, 2016, the Plaintiff filed an application for individual rehabilitation with the Jung-gu Government District Court 2015da36070 and received a decision to commence individual rehabilitation.

Around October 2017, the Defendant loaned money to the Plaintiff that it did not have any operating capital, and the Plaintiff lent KRW 5 million from J Capital Capital to K Capital Capital, KRW 5 million from L Bank, and KRW 1 million from L Bank, to the Defendant on October 31, 2017, and transferred KRW 2 million to the Defendant on December 20, 2017.

Meanwhile, during the above period, the Defendant remitted the Defendant’s Hbank (Account Number N) account totaling KRW 63,004,600 to the Plaintiff, and the Defendant remitted totaling KRW 33,300,000 to the Plaintiff from an enterprise bank (Account Number P) account in the name of an O company.

The Plaintiff and the Defendant fully hedged on May 2018, and the Defendant subsequently remitted part of the amount of the aforementioned remittance.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 13, Eul evidence 1 to 4, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion and the defendant are not de facto marital relations, but merely simply living together with a person who has no intention of marriage or substance of marriage.

As a result, the Plaintiff transferred to the Defendant from around March 2014 to March 2018 or transferred to March 2018, and KRW 173,845,822 is all loans. Since the amount that the Defendant wired to the Plaintiff is KRW 96,00,60, the Defendant should pay the difference between KRW 77,841,222 and delay damages to the Plaintiff.

(b).

arrow