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(영문) 대구지방법원 2016.09.29 2015나19351
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The parties to the dispute and C (hereinafter collectively referred to as “C” in the name D before and after the opening of the name) are between the parties to the dispute and the siblings.

E is the Plaintiff’s wife, and the Defendant is C’s wife.

(hereinafter referred to as “the defendant couple” in both the Plaintiff and E, and the Defendant and C.

On June 208, 2008, C sold 1,914 square meters, etc. to a third party in Ansan-si, Seoul-si. Around May 2010, he/she imposed capital gains tax of KRW 20,000,000, and KRW 32,181,250 on September 2010. 2) However, as the economic condition of C is not good, upon C’s request, the Plaintiff paid KRW 20,00,000 on May 17, 2010, KRW 32,181,250 on September 15, 2010, and KRW 52,181,250 on September 15, 2010.

3) On the other hand, on September 10, 2010, the Defendant made up to September 10, 2010, a letter stating that “Abergi (Plaintiff)” (hereinafter “instant letter”) was unfolded with a thickness of KRW 45,00,000 (45,000) with respect to the payment of the capital gains tax in lieu of the said paragraph (2) that read that “Abergi (Plaintiff) was lacking as the deposit amount for a low-income apartment living in Suwon.”

At the time, the defendant couple leased G apartment 105, 306, Suwon-si, Suwon-si, Suwon-si, and was living.

4) After that, the Defendant couple received a refund of the deposit for the deposit on the deposit basis of the above Suwon apartment complex, but did not pay the Plaintiff money. (c) Meanwhile, the Plaintiff couple transferred the total amount of KRW 30,500,000 to the Defendant couple from October 29, 2012 to December 21, 2012, the Defendant couple transferred the said deposit to the Plaintiff couple. However, on December 21, 2012, the Defendant couple provided the Plaintiff with a certificate of borrowing that the said money would be repaid to the Plaintiff couple.

2) However, despite the arrival of the due date on April 1, 2013 by the Defendant couple, the Defendant couple did not pay the above money, and E filed a lawsuit against the Defendant on the basis of the above loan certificate (Tgu District Court within the jurisdiction of the Daegu District Court).

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