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(영문) 수원지방법원 2018.10.04 2018나56817
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The basic facts of the claim (1) the plaintiff (the doctor) and the defendant (the family head of the household) were south, and the non-party C and D had the defendant (1962), the plaintiff (1963), the non-party E (1966), the plaintiff (196), the non-party E (196), the plaintiff (19).

(2) A was used as a heavy wind around 1998, and thereafter, the Plaintiff, as a head of South Korea, managed the property by assisting C.

In particular, on February 6, 2003, the Plaintiff established and operated F for the purpose of manufacturing and wholesale and retail business, on the ground that C was the representative director. On October 25, 2007, C sold KRW 2,660,000,000,000,000, the Plaintiff participated in managing and using the sales fund.

(A) On May 8, 2012, the Plaintiff sent to E the e-mail that “The amount of KRW 1.7 billion, except for taxes, etc., out of KRW 2.6 billion to the Defendant, KRW 460 million to E, KRW 100 million to D, KRW 100 million to KRW 530 million to Nonparty H, and KRW 100 million to KRW C, and KRW 100 million to KRW C’s hospital expenses, and the remaining amount of KRW 200 million to KRW 200 million to other expenses, etc.” (3) on November 10, 2010, the Plaintiff was under his name at the time of the Plaintiff (as regards the title truster, the Plaintiff asserted that this title truster was this mother, while the Defendant asserted that her mother is D) and sold KRW 2502 billion to Nonparty 250,500,000,000 to Nonparty 3 on the ground other than J-gu, Seoul.

(4) On November 30, 2010, the Plaintiff transferred KRW 200 million to the Defendant (hereinafter “instant KRW 200 million”).

(5) On March 5, 2012, C died, and the Defendant and E raised suspicion that “the Plaintiff disposed of or used C’s property without permission,” and the Plaintiff did not clearly explain the location of C’s property to the Defendant and E.

In the process, D, the plaintiff, the defendant, and E are, on June 26, 2006, the creditor bank, the debtor, the plaintiff, and the maximum debt amount of 17,90,000,00 UN on June 26, 2006.

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