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(영문) 대전지방법원천안지원 2019.01.18 2017가합102467
대여금
Text

1. Defendant B’s KRW 1,073,550,000 for the Plaintiff and 5% per annum from July 10, 2018 to January 18, 2019.

Reasons

1. Basic facts

A. Among the parties, Defendant C is the former husband of Defendant B, and Defendant D is the father of Defendant C and Defendant B.

B. The Plaintiff and the Defendant B paid money to Defendant B several times from 2003 to 2013 to 2014.

(hereinafter “The instant monetary transaction relationship” between Defendant B and the Plaintiff.

The Plaintiff filed a complaint against the Defendant B in relation to the instant monetary transaction relationship, and the Defendant B was sentenced to imprisonment with prison labor for not less than one year and six months on October 25, 2017, as stated in attached Table 1, and the said judgment became final and conclusive.

(The grounds for recognition), entry in Gap's 1, 11, and 12 evidence (including branch numbers, if any; hereinafter the same shall apply) and the purport of the entire pleadings (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Summary of the parties' arguments;

A. Plaintiff B’s claim against Defendant B was based on the instant monetary transaction relationship and KRW 1,073,550,000 in total ( = ① KRW 953,700,000 in total ( ② KRW 48,750,000 in the debt newly borrowed or acquired by Defendant B after April 12, 2013; ③ Defendant B was liable to pay the said money transaction amount from April 15, 2013 to November 28, 2013 to the Plaintiff at the time of the instant monetary transaction relationship; Defendant B was obligated to pay the money transaction amount of KRW 117,60,000 in the amount which was acquired by Defendant B under the pretext of deposit; and Defendant C was also liable to pay the money transaction amount of KRW 1,073,50,000 in the name of the husband; and Defendant C was also liable to pay the money transaction amount of KRW 1,073,500 in the name of the husband; and Defendant C was also liable to pay the money transaction amount of this case.

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