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(영문) 인천지방법원부천지원 2016.09.21 2015가단19522
대여금
Text

1. The plaintiff's main claim is dismissed.

2. The plaintiff's ancillary claim shall be dismissed.

3. The costs of the lawsuit.

Reasons

1. Basic facts

A. The Plaintiff remitted the total of KRW 128,00,000 to the bank account in the name of Defendant B and the bank account in the name of Defendant B, as designated by Defendant D and E, from April 14, 2008 to September 1, 2009.

B. Defendant C is the Plaintiff’s South-born and Defendant B’s wife.

[Reasons for Recognition] Facts without dispute between the parties, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. 1) As to the above argument by the Plaintiff, the Defendants, as the primary cause of the claim, borrowed the above KRW 128,00,000 from the Plaintiff, they are jointly and severally liable for reimbursement to the Plaintiff. 2) As to the above argument by the Plaintiff, Defendant B and the Plaintiff, as to the development project of the Gangnam-si, allowed Defendant C to use the bank account under their husband’s name, and did not know at all of the financial transaction situation as seen above, and Defendant C did not borrow money from the Plaintiff. The Plaintiff asserted that: (a) as to the above development project, the Plaintiff and Defendant C recommended investment from other persons of the Plaintiff and Defendant C to make investments in and promote the project; and (b) the Plaintiff did not borrow money from the Plaintiff.

Considering the overall purport of each entry and pleading of Gap's evidence Nos. 1 through 6, Eul's evidence Nos. 1 through 10 (including various numbers), land listed in the separate sheet (hereinafter "the real estate of this case") was owned by E, E, the sales contract was concluded on May 27, 2009 between E, the plaintiff and Eul with the purchase price of this case at KRW 524,530,000, and the registration of ownership transfer was completed on the same day, and on September 1, 2009, the registration of ownership transfer was completed on the same day by the defendant B-mortgage, the plaintiff and G as the debtor, the maximum debt amount of KRW 150,000,000, and the registration of establishment of a mortgage of this case (hereinafter "mortgage of this case").

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