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(영문) 서울북부지방법원 2016.08.16 2015가단142854
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that the Plaintiff loaned KRW 24 million to the Defendant by having the Defendant’s husband, “to write down with the cost of living, to lend money to the Defendant,” after hearing the horses, and remitting money to the Defendant’s deposit account, KRW 5 million on October 23, 2014, and KRW 19 million on November 21, 2014.

Therefore, the defendant is liable to pay the above amount of money and damages for delay to the plaintiff.

2. Determination

A. The legal act related to a daily home referred to in Article 832 of the Civil Act refers to a legal act which is normally needed for a couple to lead a common life. The contents and scope of the legal act are determined by the community’s living structure, degree and the community’s living place of the couple. In determining whether a specific legal act at issue concerns a couple’s daily home life, it shall be determined in accordance with the ordinary social norms by comprehensively taking into account the objective circumstances, such as the kind and nature of the juristic act, and the subjective intent and purpose of the couple’s family manager, and the actual living conditions, such as the husband’

(See Supreme Court Decision 98Da46877 delivered on March 9, 1999). B.

In other words, the following circumstances acknowledged by the health team, Gap's evidence Nos. 1 through 6, Eul's evidence Nos. 1, 2, and 3, the results of the financial transaction inquiry, and the purport of the whole pleadings, i.e., the plaintiff, on July 2015, by acquiring 50,380,000 won, including the amount of the instant case, as a fee, through false statements while making a business profit by C around July 2015. Thus, it is difficult to believe that the said amount was remitted to be used for the living expenses of the defendant's husband and wife. Even if it is difficult for the plaintiff to believe that it is difficult to believe that the money was remitted to be used for the living expenses of the defendant's husband and wife, this is the plaintiff's unilateral statement, which is the plaintiff's unilateral statement, and the defendant is not responsible for

or C.

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