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(영문) 대구지방법원 2016.07.14 2016나301286
과불금반환
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. From the end of 2003, the Plaintiff borrowed money from the Defendant and repaid the principal and interest.

B. On December 13, 201, the Defendant completed, in its future, the establishment registration of a neighboring mortgage (hereinafter “the creation registration of a primary neighboring apartment”) with the debtor C and the maximum debt amount of KRW 26,000,000 with respect to the instant apartment (hereinafter “the instant apartment”) at the port of port owned by the Plaintiff’s spouse C on December 13, 201. (c) On January 18, 2013, the Plaintiff paid the Defendant KRW 10,000,000 to the Defendant regarding the instant apartment (hereinafter “the creation registration of a primary neighboring apartment”). After cancelling the establishment registration of a primary neighboring apartment, the Defendant re-ended the establishment registration of a neighboring mortgage (hereinafter “the establishment registration of a primary neighboring apartment”) with respect to the instant apartment at issue with the debtor C, the maximum debt amount of KRW 26,00,000,000.

From January 15, 2013 to February 20, 2013, the Plaintiff borrowed KRW 15,236,030 by borrowing cash from the Defendant or purchasing goods using the Defendant’s credit card as shown in Table 1.

The plaintiff alleged that the above 2,00,000 won was not borrowed from the defendant in the trial of the court at the time of January 15, 2013, the amount However, in light of the description of the evidence No. 2 and the plaintiff asserted that he borrowed the above money consistently from the defendant in the first trial, the plaintiff borrowed the above 2,00,000 won from the defendant.

Cash Card Services 2,000,000 New Card Services 2,000,000 on February 7, 2013, 2013, 500,000 Hyundai Card Pre-issuance on February 12, 2013, 15,000 Hyundai Card Issuance on February 72, 2013, 200,00 Samsung Card Pre-issuance on February 16, 2013, 16, 16, 2,100 Samsung Card Issuance on February 18, 2013, 2,00,000 National Card Services 3,000,000,000 National Card Services on February 19, 2013, 203, 200,00 National Card Services 3,000,000,000,00 KRW 30,000,00,00,03630

E. From January 19, 2013 to June 26, 2013, the Plaintiff transferred KRW 8,540,000 to the Defendant, as shown in Table 2.

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