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(영문) 수원지방법원 여주지원 2018.10.24 2017가단5480
대여금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion ought to be paid KRW 143,507,347, which was not leased from January 2, 2016 to May 13, 2017, and damages for delay therefrom from the Defendant.

2. However, even if it is acknowledged that the Plaintiff paid KRW 201,007,347 to the Defendant’s account, as alleged by the Plaintiff, in full view of the overall purport of the pleadings, the Plaintiff was in a de facto marital relationship with the Defendant from October 2015 to May 2017, and the amount the Defendant received from the Plaintiff was used for purchasing real estate in the name of the Defendant.

In light of the above circumstances, the Plaintiff’s payment to the Defendant is a money used for acquiring real estate under one’s name while maintaining a de facto marital relationship, and it is difficult to view such money as a loan even if it can be seen as a subject of property division, and there is no other evidence to acknowledge that the said money is a loan. Therefore, the Plaintiff’s above assertion on a different premise is without merit.

3. The instant claim is dismissed as it is without merit. It is so decided as per Disposition.

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