logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.01.19 2017나2046616
반환금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff, who had a spouse, became aware of the Defendant around July 2015.

B. The plaintiff and the defendant developed into a male and female relationship, and the plaintiff's spouse currently living together with the consent of the plaintiff's spouse.

C. At the time of the Plaintiff and the Defendant’s teaching system, the Plaintiff and the Defendant were living together with the unmarried second children. However, the Plaintiff received 130,000,000 won (=the intermediate payment of KRW 32,500,000 (the intermediate payment of KRW 97,500,000) from the Plaintiff on November 6, 2015, under the pretext of the purchase fund for the said children’s new marriage house (it did not have any specific marriage plan for the children at that time, and is currently unmarried).

The plaintiff's spouse did not consent to the living together with the plaintiff and the defendant, and the plaintiff and the defendant came to take into account around December 22, 2015.

E. Around June 2016, the Defendant stated that the Plaintiff would return KRW 300,000,000 received from the Plaintiff and that the Defendant would sell an apartment purchased in the name of the Plaintiff or an apartment owned by the Defendant, and that the Defendant would offer money for the sale of the apartment or apartment owned by the Defendant.

[Ground of recognition] Facts without dispute, Gap 1-5, 7-13, 18, 19, Eul 1, 2, 8, and 9, and the purport of the whole pleadings

2. Judgment on the main claim

A. The plaintiff asserted that the plaintiff paid KRW 300,000,000 to the defendant's son's purchase fund for the new house, etc., and the defendant promised to return the above KRW 300,000,000 to the plaintiff after the decision with the plaintiff.

Therefore, the defendant is obligated to pay to the plaintiff the agreed amount of KRW 300,000,000 and damages for delay.

B. (1) According to the above facts of recognition, the Defendant agreed to return KRW 300,000,000 received from the Plaintiff after the completion of the teaching process with the Plaintiff, and accordingly, the Defendant from June 29, 2016, as sought by the Plaintiff, as well as the amount of KRW 300,000,000, which is the day following the delivery date of the copy of the complaint of this case.

arrow