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(영문) 대구고등법원 2015.12.16 2014나4249
대여금등
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by the purport of Gap evidence Nos. 1, 11, and Eul evidence Nos. 1 to 5, 10, and 13 (including the branch numbers where no special indication is made; hereinafter the same shall apply) and the whole purport of pleadings, and there is no counter-proof.

The Plaintiff is operating the Daegu Gyeong-Gyeongbuk General and E

Around January 1996, a company established and operated "P" in the name of spouse D (Death around December 27, 201) from February 5, 1996, and closed on March 30, 2002.

The Plaintiff established and operated the “E” in the name of the Defendant immediately after the closure of the PP.

From January 1, 1996, the Defendant has been working as an accounting employee in P and E, and has been managing the operating funds of the above company using the deposit account (F; hereinafter “F”) in Daegu Bank (hereinafter “TF Bank deposit account”) and the deposit account (G; hereinafter “CF Bank deposit account”) in the name of the Defendant.

B. The plaintiff married with D around 1970, and the defendant married with H on January 17, 1983, and had a spouse under the law, but has been married with H on January 17, 1983. However, since the late 1993, the plaintiff was in a internal relationship.

C. Around July 2, 2000, the Defendant’s husband: (a) discovered the inhumanial relationship between the Plaintiff and the Defendant; and (b) on July 8, 2000, by using the court’s claim amounting to KRW 40 million as the claim amounting to KRW 40 million, the Defendant’s husband obtained a decision on provisional seizure against real estate (Seoul District Court Family Branch Office 2000 business group501), and on July 11, 200, the above provisional attachment registration was completed on July 11, 200.

On February 2, 2004, the defendant filed a lawsuit against H to the effect that she seeks divorce and payment of consolation money equivalent to KRW 50 million at the family branch of the Daegu District Court (the above court court 2004Ra2009 (the principal lawsuit). Accordingly, H to the above court, the defendant sought divorce and division of property equivalent to KRW 20 million and KRW 80 million.

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