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(영문) 광주지방법원 2019.01.25 2018가단9598
대여금
Text

1. The Defendant’s KRW 16,975,00 for the Plaintiff and KRW 5% per annum from April 24, 2018 to December 7, 2018.

Reasons

1. Basic facts

A. On October 4, 2001, Nonparty C and the Defendant rendered a judgment on divorce and division of property on January 12, 2018 at the Suwon District Court Ansan Branch (2015ddan3777) and divorced around that time.

B. On July 6, 2008, the Plaintiff, who is a arbitra, remitted KRW 10,000 to the Defendant using her husband D’s account.

C. On November 10, 2009, the Plaintiff and C’s father E remitted KRW 30,000 to the Defendant.

On April 12, 2012, the Plaintiff remitted KRW 6,000,00 to the Defendant.

E. The details of money transactions between the Plaintiff and the Defendant from September 5, 2009 to April 25, 2013 are as follows.

The paragraph shall be as shown in the attached Form, including the subsection.

F. On August 31, 2015, the Plaintiff remitted KRW 1,500,000 to F Tourers introduced by the Defendant, and upon revocation of the planned travel, the Plaintiff returned the remainder of KRW 975,00,000 to the Defendant after deducting the penalty from the penalty.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion 1) In the first place, the Plaintiff lent KRW 16,00,000 to the Defendant on July 6, 2008, and KRW 6,000,000 on April 12, 2012, respectively, and thus, the Plaintiff is obligated to return the loan amount of KRW 16,00,000 and the delay damages therefor. In the second place, if the Plaintiff was not leased to the Defendant without any legal cause, the Defendant is obliged to return the said amount and the delay damages therefrom, as the Defendant unduly gains the above KRW 16,00,000 without any legal cause. 2) E lent KRW 30,00,00 to the Defendant on November 10, 200, and E transferred the loan to the Plaintiff on or around February 2, 2018, and thereafter, E notified the transfer of the credit after transferring the loan to the Plaintiff.

3. Since the amount of KRW 975,00, out of the travel contract money that the Plaintiff paid to the F Tour Company in the name of the defendant at the request of the defendant, is being refunded to the defendant's account, the defendant is in custody.

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