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(영문) 부산지방법원 2018.05.29 2017가단17944
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion was that the Plaintiff filed a lawsuit with C Co-Defendant, but accepted the Plaintiff’s claim on November 14, 2017.

The defendant was C's spouse.

The Plaintiff leased KRW 60 million as the sale price for an apartment building No. 1, 505, Dong-dong 1, Jung-gu, Busan (hereinafter “instant apartment building”) that was sold by C and the Defendant, and even if the ownership transfer registration was completed under the name of the Defendant after the purchase of the above apartment, the Defendant and C did not repay the above loan.

B. According to the evidence No. 1, A2-1 through 4, A3, and A5-1 and 2, the Plaintiff lent KRW 60 million at C’s request. Of them, KRW 10 million was deposited into each Defendant’s account on October 15, 2014, and KRW 20 million on March 3, 2015, and the Defendant deposited the same year around April 20, 2015.

2. Although the fact that the registration of ownership transfer on the apartment of this case was completed on the ground of sale on the ground of sale on the ground of 24.1, it is not sufficient to recognize that the money leased by the Plaintiff was used for the purchase price of the apartment of this case, and there is no other evidence to acknowledge it. Even if the Plaintiff leased KRW 60 million, or part of it was used for the sale price of the apartment of this case, the Defendant borrowed the above money together with C.

Unless there is any evidence to prove that the Plaintiff agreed to repay the above money jointly or severally, it shall be deemed that there is no legal basis for the Plaintiff to seek the repayment of the above loan jointly and severally with C. Thus, the Plaintiff’s claim in this case does not appear to be any mother and without merit.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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