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(영문) 수원지방법원여주지원 2015.01.22 2014가합726
대여금
Text

1. The defendant shall be jointly and severally with C to the plaintiff 190,000,000 won and the interest thereon from January 30, 2014 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff and C are the mother and child simplified, and the Defendant is the legal marital relationship with the above C, and the Plaintiff and the Defendant are the high site.

B. On May 3, 2011, the Defendant and C purchased the instant housing E located in Chungcheongnam-gun, Hongsung-gun (hereinafter “instant housing”) from D with the purchase price of KRW 280 million. Around that time, the Defendant and C completed each registration of ownership transfer with respect to the instant housing as co-ownership (ownership shares 1/2) by the Defendant and C.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2 and 14 (including branch numbers), the purport of the whole pleadings

2. Summary of the parties' arguments

A. The plaintiff lent a total of KRW 190 million to C or the defendant for the following reasons, and the above C or the defendant used the above loan amount of KRW 190 million to create a residential space necessary for the maintenance of the married community. Ultimately, the above C or the defendant borrowed KRW 190 million from the plaintiff from the plaintiff constitutes a juristic act belonging to the ordinary family affairs under Article 832 of the Civil Act, and the above defendant is jointly and severally liable to repay the above KRW 190 million to the plaintiff.

① The Plaintiff was requested by C or the Defendant to borrow KRW 100 million due to the shortage of the purchase price of the instant housing, and accordingly, lent KRW 100 million to C or the Defendant.

② Upon receiving a request from C or Defendant to borrow KRW 90 million in order to prepare construction costs, such as repair and remodeling of the instant housing, the Plaintiff leased KRW 90 million to C or Defendant accordingly.

B. The Plaintiff only donated the above KRW 190 million to Defendant C and did not lend it. On the other hand, C used the above KRW 100 million as funds to carry out Kim Funeral, not for the purchase price of the instant house, i.e., the fund to carry out the instant funeral, so the Defendant is not obliged to pay the said money to the Plaintiff.

3. Determination

A. The Plaintiff’s account (Account NumberF) in C’s name on February 8, 201.

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