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(영문) 광주지방법원 2018.08.16 2018나50177
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant is a couple between the Plaintiff’s birth and the Plaintiff’s birth. From May 2015, the Defendant was living separately from the Plaintiff’s birth, and the divorce lawsuit (the Gwangju Family Court 2015ddan34117) was initiated, and the judgment of divorce was rendered on September 28, 2016, and the said judgment became final and conclusive on May 12, 2017.

During the marriage period, C had been able to assist the plaintiff who operates the marina, and the defendant has operated static points from November 1, 2014.

B. From September 30, 2013 to January 8, 2015, the Plaintiff remitted total of KRW 78,090,000 to C’s passbook as follows.

Serial 1 1 on September 30, 2013: 1,700,00 on April 25, 2014; 26.1,300,00 on April 25, 2014; 90,000 on June 2, 2014; 5, 200 on July 25, 2014; 1,300,000 on June 1, 200 on August 25, 2014; 1,30,00 on August 30, 205, 200 on August 1, 2014; 1, 300,000 on September 25, 200, 200; 1,30,000 on September 1, 200, 200; 1,300,000 on October 1, 3014, 2010

C. On January 7, 2015, the Defendant borrowed KRW 50,000,000 from D, and drafted the following cash loan certificates. D paid KRW 50,000,000 to the Plaintiff on January 7, 2015 according to the said cash loan certificates, and the Defendant paid KRW 50,00,000 to the Plaintiff on January 7, 2015.

6. D fully repaid the loan amount of KRW 50,000,000 and interest.

Cash tea certificate (Evidence No. 2): 50,000,000 won

1. D paid KRW 50,00,000 to the Defendant on January 7, 2015, and the Defendant promises to pay to D on November 7, 2015.

2. In using the above amount, the defendant promises to pay D 20,000 won per month as interest on the 10th of each month.

3. The defendant shall pay the full amount of the borrowed money to D immediately unless the above 1 and 2 commitments are complied with.

On January 7, 2015, 2015, the fact that the Defendant transferred D with the obligation to the Plaintiff directly to the Plaintiff (based on recognition) is without dispute, the entries in the evidence Nos. 1 and 2, and the purport of the entire pleadings.

2. Determination

A. The Plaintiff’s assertion is the name of the Defendant or the Defendant and C, from September 30, 2013 to January 8, 2015.

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