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(영문) 대전지방법원 천안지원 2017.02.08 2016가단105202
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is C's spouse, and the defendant is C's mother.

B. The Plaintiff paid KRW 10 million to C’s account on August 19, 2013, KRW 10 million on August 20, 2013, KRW 10 million on August 20, 2013, and KRW 28 million on August 21, 2013, respectively.

C received KRW 5 million from D on August 21, 2013, and paid KRW 45 million to the defendant on the same day.

C. Around that time, the Defendant assumed to E the obligation to return the lease deposit for the two-story housing (hereinafter “instant housing”) located in Kimpo-si Fro F brick Splobial, Kimpo-si.

On September 24, 2015, the Plaintiff paid KRW 20 million to E’s account in the name of E. D.

Meanwhile, the Plaintiff paid the Defendant’s account KRW 5 million on September 7, 2015, and KRW 30 million on November 22, 2015, respectively.

around April 29, 2016, the Defendant repaid the Plaintiff the above KRW 35 million.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 6, 11 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Defendant requested the Plaintiff to lend KRW 45 million to the Plaintiff in order to organize the H-related partnership relationship with G. The Plaintiff borrowed KRW 40 million from her natives and lent it to the Defendant on August 21, 2013 through C.

In addition, the Defendant requested the Plaintiff to lend the lease deposit amount of KRW 50 million and KRW 5 million to the Plaintiff in order to terminate the lease agreement with the Defendant on the instant housing. On September 7, 2015, the Plaintiff leased KRW 5 million to the Defendant’s account on September 24, 2015, KRW 20 million to E’s account on September 24, 2015, and KRW 30 million to the Defendant’s account on November 25, 2015.

Therefore, the Defendant is obligated to pay to the Plaintiff the borrowed amount of KRW 40 million as of August 21, 2013, KRW 20 million as of September 24, 2015, and delay damages.

B. On August 21, 2013, the Plaintiff paid KRW 40 million to C, and C paid KRW 45 million including the above money to the Defendant on August 21, 2013, as seen earlier.

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