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(영문) 의정부지방법원고양지원 2017.06.29 2016가단14310
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. A part of the compromise between the Defendant and C is established on May 14, 2015, the following facts: (a) the Defendant was married with the Plaintiff on or around July 1994; (b) on July 11, 2014, filed a lawsuit against the Plaintiff for a claim for divorce and consolation money, etc. (hereinafter “C”); (c) on May 14, 2015, “the Defendant and C are divorced; (d) the person having parental authority and the custodian of the Defendant is designated as the Defendant; and (e) the division of property, consolation money, child support, etc. on October 13, 2015; and (e) the remaining compromise has been established and the lawsuit has been terminated; and (e) on the other hand, on December 28, 2012, the Plaintiff entered the name of Samsung Fire & Marine Insurance Co., Ltd., Ltd. before the said divorce lawsuit was instituted; and (e) the Plaintiff did not have any dispute over KRW 1804,1501 (hereinafter “D”) as collateral number 2070,7010.

2. The plaintiff's assertion

A. The Defendant is the Yeonsu-gu Incheon apartment unit E 104 Dong 1301 et al. around February 2010.

A sales contract was entered into on December 2012, the Defendant provided that the Plaintiff shall pay interest on the loan if he/she borrowed money with a loan of D apartment owned by the Plaintiff as collateral because the purchase price of the above sales contract is insufficient, and he/she shall pay the principal of the loan with the purchase price of E apartment as collateral on December 28, 2012, and he/she shall pay the loan of D apartment below KRW 126,00,000 as collateral.

125,789,170 won have been granted and granted the remainder of the loan costs.

B. However, the Defendant disposed of E apartment on November 28, 2014, when the divorce lawsuit with Plaintiff C was pending, and did not repay the instant loan, unlike the initial promise.

C. Therefore, the Defendant is obligated to pay the Plaintiff KRW 71,00,000,000, which is part of the instant loan, and damages for delay.

3. The board;

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