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(영문) 대전지방법원공주지원 2019.10.24 2019가단20404
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the husband of the Defendant’s net C, a female farmer.

B. On May 23, 1995, the Defendant completed the registration of ownership transfer on the ground of sale on December 20, 1984 with respect to 106,731 square meters of forest E, Si-si (hereinafter “Dri”) on May 23, 1995, and the said forest was divided into 441 square meters of F forest land on June 27, 201 and 37,647 square meters of forest land on September 7, 2015.

C. On May 10, 1995, the Defendant owned 1/2 shares of H 66,78 square meters among H 66,78 square meters, divided the said forest into H 35,638 square meters, and 31,150 square meters of I forest, and completed the registration of transfer on July 7, 1995, based on a partition of co-owned property on July 3, 1995, and the I forest was divided into 90 square meters of J 90 square meters and 502 square meters of K forest.

C. C died on or around December 1997, and the Defendant deposited KRW 38 million with the Plaintiff’s account on March 26, 2009.

[Reasons for Recognition] Facts without dispute, Gap evidence 3 through 11, Eul evidence 1, 2 and 5 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. On July 1995, the Defendant requested the Plaintiff to lend KRW 60 million with the purchase fund of the woodland located in Dri, and the Plaintiff lent KRW 60 million to the Defendant, a family company of the Defendant, the amount of KRW 60,000,000,000,000,000 to the Defendant’s family company, and the Defendant purchased E forest and I forest by neglecting the above loan amounting to KRW 60,000.

Nevertheless, on March 26, 2009, the Defendant paid to the Plaintiff KRW 38 million out of the total amount of KRW 42 million, a legal interest for the said loan of KRW 60 million for 14 years, and did not pay the remainder of the principal and interest on the loan. Therefore, the Defendant shall pay to the Plaintiff the remainder of the principal and interest on the loan of KRW 64 million and the principal amount of KRW 60 million, a legal interest for the period from March 26, 2009, plus KRW 30 million, a legal interest for the said loan of KRW 30 million for ten years from March 26, 2009.

B. Defendant C shall pay KRW 40,000,000 out of the purchase price of E forest land to the Defendant for the purpose of left to the South-North Koreans who were born between 195 and 195.

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