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(영문) 창원지방법원진주지원 2020.06.02 2018가단7005
전세금반환
Text

1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The plaintiff's main claim is dismissed.

3...

Reasons

1. Basic facts

A. From around 2013, the Plaintiff made a loan and repayment of money in cash over several occasions with the Defendant’s mother from abroad.

B. On September 19, 2016, the Plaintiff entered into a lease agreement with D on September 19, 2016, with a deposit of KRW 100 million, and 24 months with respect to the second floor G among the multi-family houses located in F in the Jinju City owned by E.

(hereinafter “instant lease agreement”). On the same day, the Plaintiff’s ASEAN issued three copies of the face value of KRW 10 million at H Association and six copies of the face value of KRW 1 million at H Association.

(c) On September 20, 2016, D will enter into a sales contract on behalf of the Defendant for multi-family houses located in the F in E and Jinju, and would be E as a provisional contract deposit.

As set forth in paragraph B, the face value of KRW 10 million was paid for the check issued by B.

Since then, D did not conclude the above sales contract to E, and E returned 10 million won to the Defendant account.

Meanwhile, on September 20, 2016, the remaining 20 million won of face value among the checks issued by B (hereinafter referred to as “the instant check amount”) was deposited in the Defendant’s I Bank Account (hereinafter referred to as “the instant account”) in the sum of KRW 20 million and KRW 10 million.

【In the absence of dispute, the ground for recognition, Gap evidence 1, Eul evidence 1, Eul evidence 1, testimony of witness E, fact-finding inquiry into Hassociation of this court, the result of this court's order to submit financial transaction information to the I Bank (as of June 27, 2019), the result of this court's order to submit documents to the branch of the JUnion, the whole purport of pleadings, as a whole.

2. Judgment on the main claim

A. The plaintiff's cause of the plaintiff's claim is D's transaction for number of days, and 50 million won out of 100 million won out of the deposit amount is substituted by the above loan, and 36 million won out of 50 million won out of the remainder of 50 million won is a check and 1.

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