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(영문) 울산지방법원 2020.02.20 2018가단67178
대여금
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1. The Defendant: (a) KRW 32,00,000 and the Plaintiff’s 15% per annum from September 21, 2018 to May 31, 2019; and (b).

Reasons

1. According to the evidence No. 1-2, and evidence No. 4 of the basic facts, the Defendant reported marriage with C on June 9, 2016, but filed a divorce lawsuit against C on February 19, 2019 against C, under the Ulsan Family Court 2019ddan21101. The Plaintiff is a child of C, the Plaintiff was the Defendant’s account under the name of the Defendant, with KRW 26.8 million on May 11, 2017, and KRW 500,000 on July 11, 2017, and August 2017.

2. The parties' assertion

A. The Plaintiff asserted that the Defendant purchased D’s double that was a policeman in early 2017, and requested the Plaintiff to lend money to the Plaintiff as the loan interest and cost of living on the borrowed money is insufficient.

On May 11, 2017, the Plaintiff transferred 32 million won in total to the Defendant, respectively, KRW 5 million on July 11, 2017, KRW 500,000,000, and KRW 200,000 on August 11, 2017.

B. The Defendant’s assertion C made a business registration under the name of the Defendant and made a financial transaction using the account in the name of the Defendant.

The loan claimed by the Plaintiff was used as the vessel purchase fund, operating fund, etc. while engaging in fisheries together with the Plaintiff and C.

Even if the Plaintiff’s transferred money was a loan, the Defendant repaid KRW 24,070,000 to the Plaintiff over 20 times from March 1, 2017 to March 20, 2018.

3. Determination

A. The following circumstances revealed in Gap evidence Nos. 4, 3, 4, and 5 as to the plaintiff's claim by comprehensively taking account of the overall purport of the pleadings, namely, the defendant, after receiving KRW 2,68 million from the plaintiff on May 11, 2017, remitted all of the above money to another account in his/her own name E or himself/herself, and the defendant alleged that C used both his/her own account and the national bank account, but there is no evidence to support this. The defendant used the money remitted by the plaintiff as vessel purchase fund and operating fund, and the ship asserted that C was a property trusted in trust by the defendant.

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