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(영문) 서울남부지방법원 2014.08.25 2014가단21513
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 23,00,000 as well as 20% per annum from March 22, 2014 to the date of full payment.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence 1, 2, 3, Eul evidence 1, and 3 and the entire purport of the pleadings:

The Plaintiff remitted KRW 3,00,000,000 to the Defendant’s financial account on June 16, 2010, and KRW 3,000,000 on November 12, 2012.

B. On December 31, 2010, the Plaintiff reported the marriage with the Defendant’s father and wife C.

C. Around January 21, 2014, the Plaintiff urged the Defendant to return KRW 23,00,000,000, which was remitted as referred to in the foregoing paragraph (a) to the Defendant by January 29, 2014.

C On March 19, 2014, the Seoul Family Court 2014da304354 filed a divorce lawsuit against the plaintiff and is currently pending in the lawsuit.

2. The plaintiff asserts that all loans of KRW 20,00,000 on June 16, 2010 and KRW 3,000,000 on November 12, 2012, which were remitted to the defendant. The defendant asserts that the above KRW 20,00,000,00 was remitted to the plaintiff who had been married with the defendant's father at the time, for the use of the plaintiff's wedding and for the purchase of the new marriage, and the above KRW 3,00,000,00 was remitted to the church that the plaintiff was accompanied by the defendant, and that all loans are not loans.

The transfer of money to a financial account of a future deceased person without delivering the predetermination cost in the course of marriage, i.e., the money to be used for the purchase cost of a family-friendly marriage, i.e., the transfer of money to a financial account of a future deceased person, ii) the purchase and payment of the purchase cost may be possible with the plaintiff who is a party to marriage and C, and the transfer of money to a financial account of the defendant who is a future head can be seen as an exceptional act, iii) the transfer of money to the financial account of the defendant who is a future head is not revealed how the defendant used the above 20,000,000 won, iv) if the plaintiff intends to make a contribution to a church, it may be directly paid to the church, and then the defendant may be given a contribution to the church by remitting the money to the defendant.

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