logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2016.01.08 2015가단202109
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. The Plaintiff wired the Defendant’s seat of KRW 1.3 million on June 19, 200, KRW 1.7 million on July 5, 2009, KRW 200 million on July 25, 2009, KRW 500,000 on December 29, 2009, KRW 9 million on April 10, 201, to C, who is the Defendant’s seat, and the Plaintiff wired the Defendant KRW 20 million on November 19, 201, and KRW 100,000 on December 19, 201.

B. The Defendant remitted to the Plaintiff KRW 1.5 million on December 18, 2010, KRW 300,000 on January 12, 2011, KRW 300,000 on June 25, 2011, KRW 1.5 million on June 30, 201, KRW 50,000 on August 14, 201, KRW 120,00 on November 5, 201, KRW 1.1 million on December 24, 201, and KRW 6.4 million on January 4, 2012.

C. Meanwhile, on the other hand, the Plaintiff brought a lawsuit against D for divorce and consolation money, and the conciliation was concluded on July 13, 2009, etc. that divorce is to be divorced.

The Seoul Family Court (Seoul Family Court 2009ddan41895). The defendant filed a lawsuit for divorce, etc. against E, and on November 13, 2009, a judgment (Uwon District Court 2009ddan6865) that included the effect of divorce was sentenced, which became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 8, 10, Eul evidence Nos. 1, 2, 4, and 5 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff lent KRW 29.1 million to the Defendant on seven occasions, and received KRW 6.4 million from the Defendant on eight occasions, so the Defendant is obligated to pay the Plaintiff the unpaid loan amount of KRW 22.7 million (=29.1 million - 6.4 million) and damages for delay.

B. The Plaintiff and the Defendant’s former spouse committed unlawful acts in around 2007, while tracking them, the Plaintiff and the Defendant were to teach the Plaintiff and the Defendant; the Plaintiff paid the Defendant money at the back investigation expense of the Plaintiff’s husband; the Plaintiff paid KRW 20 million to the Defendant for the purpose of living expenses after divorce; the Defendant paid the Plaintiff money to the Plaintiff in terms of living expenses, etc.; the Defendant paid the Plaintiff KRW 600,000 per month for the Plaintiff, and the Defendant received KRW 10 million for the Plaintiff.

Therefore, the defendant.

arrow