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(영문) 서울고등법원 2016.08.26 2016나2002770
대여금 등 청구의 소
Text

1.On a request for change in exchange at the time of the trial,

A. The Defendant and B entered into force on November 30, 2012 3,00.

Reasons

1. Basic facts

A. On December 12, 2012, the Defendant entered into a contract to lease KRW 180,000 (hereinafter “instant lease contract”) from G and Dong in Nam-si (H 105,602) to the lease deposit of KRW 180,000,000 (hereinafter “instant lease deposit”). The Defendant paid the down payment of KRW 18,000,000 at the time of the contract and paid the remainder of KRW 162,00,000 on January 21, 2013.

B. On November 30, 2012, the Plaintiff deposited KRW 3,000,000 from the account in the name of the Defendant’s husband B, to the account in the name of a new bank in the name of the Defendant.

C. On December 14, 2012, the amount of KRW 8,000,000 was withdrawn from the account in the name of B, and was transferred to the agricultural bank account in the name of G. On the same day, KRW 2,000,000 was withdrawn from the said account in the name of B, and was transferred to the national bank account in the name of the Defendant.

B on December 20, 2012, from one’s future deposit account (Account Number L) on one’s own name on three occasions, withdrawn in cash payment amounting to KRW 15,010,000 (= KRW 6,000,000,000) on three occasions.

E. On January 21, 2013, a sum of KRW 20,000,000 (= KRW 17,000,000,000) deposited from the tranchis account (Account NumberF) in the name of B to the national bank account in the name of the Defendant, and was transferred to the national bank account in the name of the Defendant.

F. On January 21, 2013, the Defendant borrowed KRW 130,000,000 from the new bank.

G. On January 25, 2013, the amount of KRW 3,500,000 deposited from the tranchis account (Account Number E) in the name of B was transferred to the new bank account in the name of the Defendant.

[Ground of recognition] A without dispute, Gap evidence Nos. 13, Eul evidence Nos. 13, Eul evidence Nos. 1 and 4 (including each number; hereinafter the same shall apply), other securities of the court of the trial, national banks, future deposit securities, and the response of each order to submit financial transaction information to new banks, the purport of the whole pleadings, as a whole.

2. The summary of the Plaintiff’s assertion paid KRW 130,00,000, out of the lease deposit of this case by the Defendant directly obtaining a loan from the new bank.

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