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(영문) 수원지방법원 2021.01.28 2020나74986
대여금
Text

The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport of the claim and the purport of the appeal:

Reasons

1. On October 20, 1990, the basic facts of the claim (1) Plaintiff (the birth, male, 1960) and Defendant (the birth, female, 1960) had Nonparty D (the birth, male, 200) as his child after the marriage report was completed, and the agreement was divorced on April 28, 201.

At this time, the Plaintiff and the Defendant did not enter into an agreement on the division of property, and the Plaintiff agreed to pay 1.5 million won per month to the Defendant by the day before D reaches the age of majority. From that time, the Plaintiff and the Defendant were living separately, and the Defendant brought up D.

(2) The Plaintiff remitted to the Defendant KRW 13 million on May 9, 2012, and KRW 157.8 million on September 11, 201 of the same month. The Defendant wired the Plaintiff KRW 9 million on May 25, 2012, and KRW 36 million on June 27, 2014, KRW 45 million on the Plaintiff’s loan and the Defendant’s repayment amount. (3) Meanwhile, the Plaintiff transferred the Plaintiff KRW 157 million to the Defendant from October 21, 2011 to September 21, 2016, including the above KRW 157 million, up to KRW 750 million, up to KRW 45 million on May 21, 201, and the Defendant transferred to the Plaintiff from June 25, 2014, KRW 506,000,000,000 to April 16, 2015.

(4) On November 5, 2018, the Plaintiff and the Defendant discussed about the division of property and the payment of child support, etc. At this time, the Defendant, on November 5, 2018, drafted each of the payment forms (No. 4, hereinafter “the payment forms of this case”) stating the following as to the Plaintiff (around November 5, 2018, the Plaintiff drafted each of the payment forms of this case into a computer screen and printed it to the Defendant, the Defendant, the Defendant, the Defendant, stated his name in his name in his name in his name, and returned it to the Plaintiff, with the consent of the Plaintiff before the sales contract of the property is disposed of, and with the consent of the Plaintiff before the disposal of the property is sold, the installment amount is necessarily paid by distributing it in a fair manner 50:50.

2. After divorce, May 2012

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