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(영문) 창원지방법원통영지원 2016.04.21 2015가단21164
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. Around August 2012, the Plaintiff first met the Defendant, or around October of the same year, and was living together with the Defendant at the Plaintiff’s domicile from February 2013.

B. In order to operate a tourist bus operation business around March 2013, the Defendant decided to purchase a bus of KRW 170,000 (hereinafter “instant bus”), which is equivalent to KRW 170,00,000, KRW 1) to the Plaintiff on March 27, 2013, KRW 2,000, KRW 2,000, KRW 360,000 of the instant bus purchase price to the above C representative D on April 25, 2013, KRW 31,202,00 of the instant bus purchase price, KRW 30,00, KRW 20,000, KRW 20, KRW 20,000, KRW 200, KRW 20,000, KRW 36,000, KRW 20,000 of the instant bus purchase price, KRW 20,20,000, KRW 47,205,205,204).

[Reasons for Recognition] Facts that there is no dispute between the parties, entry of Gap evidence 1 to 3 (including paper numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) The Defendant asked the Plaintiff to lend money necessary for the purchase of the instant bus, and the Plaintiff, if the Plaintiff lent the money, would have the E and F under the name of the Plaintiff if it were to do so. 2) If the Plaintiff donated the purchase price of the instant bus to the Defendant, it would constitute an onerous donation under Article 561 of the Civil Act. However, it is clear that the Plaintiff and the Defendant had already reached a bankruptcy, which is the premise of the donation. Thus, the Plaintiff was on March 11, 2016.

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