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(영문) 서울서부지방법원 2016.08.26 2016가단215366
대여금
Text

1. The Defendant calculated the Plaintiff’s KRW 150,00,000 with interest rate of KRW 15% per annum from April 28, 2016 to the date of full payment.

Reasons

The Plaintiff completed the report of marriage with C on June 15, 2015, the Defendant’s father and wife, and the Plaintiff’s husband and wife, from September 8, 2015, lived in the Gwangjin-gu D New Marriage that the Plaintiff prepared as the former husband and wife, and lived in the Defendant’s house from September 8, 2015, and the Plaintiff transferred KRW 150,000,000 to the Defendant on November 3, 2015, there is no dispute between the parties.

The plaintiff asserts that the defendant borrowed the money from the purchase of officetels and Ba, etc. to request the plaintiff to lend the money for lease on a new mixed house returned by the plaintiff.

The defendant asserts that the defendant gave the plaintiff's husband and wife 201 of Yongsan-gu F Multi-household 201 that the defendant purchased under the name of C, and received the above money from the plaintiff in return for the defendant's fostering

According to the statement in Eul 1, the transaction value reported at the time of the purchase of G lending was KRW 248,00,000, and it is difficult to view that the establishment registration of a mortgage over the maximum debt amount of KRW 224,90,000 has been completed to the community credit cooperatives, and there is no evidence to deem that the plaintiff paid the defendant 150,000,000 won to the defendant, and there is no evidence to deem that the plaintiff's husband exercised the real ownership, such as using the plaintiff's monthly rent of G lending. Even according to the defendant's assertion, it is difficult to view that the defendant, the foreign airline operator of 10,00,000, is in charge of the actual rearing Eul, and it is insufficient to recognize it only with the statement in Eul 2 and 3, it is difficult to accept the allegation that the plaintiff received the above money in return for the payment for G lending and the consideration for fostering.

Therefore, the defendant is obligated to pay 150,000,000 won to the plaintiff and damages for delay, thereby accepting the plaintiff's claim.

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