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(영문) 서울서부지방법원 2019.05.29 2018가단216158
대여금
Text

1. The defendant,

A. The Plaintiff A’s KRW 30 million and the Plaintiff’s 5% per annum from May 30, 2018 to May 29, 2019.

Reasons

1. Facts of recognition;

A. The Defendant is a father of Plaintiff B, and married with Plaintiff A, a partner of Plaintiff A.

B. On September 3, 2013, the Defendant leased the lease deposit amounting to KRW 90 million from Plaintiff B and agreed to move into by Plaintiff A, and resided in the above building E E E E E E E E E E EF from that time around that time. On September 2015, the above lease deposit amount was increased by KRW 80 million and became KRW 300 million.

C. On September 9, 2017, the Defendant leased the lease deposit amount of KRW 300 million from the Plaintiff-owned G Building H of Eunpyeong-gu Seoul, Seoul, which was owned by the said Plaintiff, to a director.

The special terms and conditions of the above lease agreement stipulate, “The payment shall be completed until October 31, 2017, in the amount of KRW 120 million out of the remaining amount of KRW 270 million.”

On October 31, 2017, the Defendant borrowed KRW 120 million from Company I in total. D.

Meanwhile, Plaintiff A transferred KRW 30 million to D’s account on February 22, 2013, and KRW 30 million to the Defendant’s account on September 4, 2015.

E. D filed a divorce lawsuit against the Defendant on April 11, 2018, and the Defendant also filed a divorce lawsuit on February 14, 2019 and pending the lawsuit.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 5-1, 2, 7 of evidence Nos. 5, each entry of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. As to the plaintiff A's claim

A. The Plaintiff’s assertion A lent KRW 37 million to the Defendant around February 2013, and then lent KRW 37 million to the Defendant on September 4, 2015.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 3 million (i.e., loan KRW 3 million on February 2013, 2015) and damages for delay.

B. The evidence presented by the said Plaintiff alone regarding the claim amounting to KRW 3 million on February 2, 2013 is insufficient to recognize that the said Plaintiff lent KRW 40 million to the Defendant around February 2013, and there is no other evidence to acknowledge otherwise.

Therefore, this part of the plaintiff A's assertion needs to be examined on other points.

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