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(영문) 대전지방법원 2015.08.13 2015가단127
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

(b) the facts of the basis;

A. The Plaintiff was in de facto marital relationship with the Defendant from November 2009 to November 201, 2013.

B. From November 6, 2009 to February 17, 2013, the Plaintiff remitted money to the Defendant as indicated in the following table.

Serial 10,00 on November 6, 2009; 10,00 on March 16, 2010; 200,00 on March 16, 2010; 30,000 on June 8, 2010 * 5,00,00 on June 10, 200 on June 10, 2010 * 5,000 on June 10, 2010 * 06. 0. 60, 00 on June 10, 200 * 50,000 on June 10, 200 * 6. 0,00 on June 28, 2010 * 7,000 on June 30, 2010 * 7,000 on June 30, 200 *7,000 on July 6, 2010 *

C. Meanwhile, on February 22, 2010, the Defendant purchased at KRW 35,00,000 from Daejeon-gu, Seo-gu, Daejeon-gu, 209.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) around January 2010, when the Defendant purchased the instant apartment, the Plaintiff lent KRW 4,370,000 to the Defendant. 2) also, from November 6, 2009 to February 17, 2013, the Plaintiff lent KRW 49,630,000 to the Defendant over 16 times as indicated in the column in the said table.

3) Therefore, the Defendant is obligated to pay the Plaintiff the interest or delay damages on the sum of KRW 54,00,000 (= KRW 49,630,000) and the interest or delay damages thereon. (B) The Defendant’s assertion 1) did not borrow or receive KRW 4,370,000 from the Plaintiff on January 2010.

2 The Defendant received KRW 49,630,00 from the Plaintiff over 16 times, but the said money was not borrowed from the Plaintiff, but was donated under the name of living expenses, etc.

3. Determination

A. As to whether the Plaintiff leased KRW 4,370,000 to the Defendant around January 201, 201, there is no evidence to acknowledge it.

(b) 49,630,000 Won 1.

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