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(영문) 창원지방법원 2017.04.20 2016나54722
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. On June 29, 201, the Plaintiff lent KRW 30 million (hereinafter “instant loan”) to the Defendant, who was a male partner of E in a de facto marital relationship at the time, to the Defendant’s spouse B by means of remitting it to the Defendant’s spouse’s account.

B. From July 29, 2011 to May 2, 2012, Defendant and B paid to the Plaintiff 180,000 won (the amount calculated by the rate of 7.2% per annum for KRW 30,000) monthly interest on the instant loan over ten occasions.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2 (if there are additional numbers, including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay the Plaintiff KRW 30 million borrowed from the Plaintiff, and the agreed interest and delay damages thereon, barring any special circumstance.

B. The defendant's assertion 1) The defendant's assertion 5.6 million won on May 18, 2012, and the same year

9. The Defendant paid the instant loan of KRW 24 million, total of KRW 29.6 million, from the Defendant’s fatherF’s account to E’s account, by means of remitting it from the Defendant’s fatherF’s account to the Plaintiff’s spouse at that time. This has the effect of repayment to the Plaintiff upon the Plaintiff’s act of repayment within the ordinary family life between the Plaintiff and E, or the repayment to quasi-Possessor of the claim, and the remaining loans of KRW 400,000,000,000,000,000 from E’s mother-child.

B) The Plaintiff confirmed that E had received reimbursement of KRW 30 million from the Defendant in the preparatory documents of the divorce case between the Plaintiff and E before the instant lawsuit was filed, even though the content of mediation that was concluded with respect to the divorce case between the Plaintiff and E, “I would not have filed any claim against each other, such as consolation money, division of property, and child support, with respect to the divorce of the instant case,” the Defendant.

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