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(영문) 대구지방법원의성지원 2019.04.10 2018가단11130
대여금
Text

1. The Defendant shall deliver to the Plaintiff the five-story housing of 151.28 square meters among the buildings listed in the attached list.

2. The plaintiff's remainder.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant began the teaching system in 2005, and became a legally married couple after reporting the marriage on January 11, 2017.

B. On July 10, 2014, the Plaintiff remitted KRW 40,000,00 to the Defendant’s account.

From July 21, 2014 to October 7, 2014, the Defendant remitted KRW 36,000,000 in total to the Plaintiff’s account (i.e., KRW 2,000,000 on July 21, 2014) (i.e., KRW 1,000,000 on August 1, 2014; KRW 30,000,000 on October 30, 2014).

C. On April 6, 2015, the Plaintiff transferred KRW 35,230,80 to the Defendant’s account.

On February 10, 2017, the Defendant remitted KRW 9,670,000 to the Plaintiff’s account.

The plaintiff is the owner of the building listed in the attached Table.

The Plaintiff and the Defendant living together with the five-story housing units 151.28 square meters (hereinafter “instant housing”) among the buildings indicated in the attached list, etc., but they are being living separately from April 5, 2017.

The defendant is residing in the house of this case as of the date of closing argument of this case.

E. The Plaintiff and the Defendant brought a lawsuit claiming divorce, consolation money, and division of property at the Daegu Family Court’s gender support 2017ddan1087, 2017ddan100 (Counterclaim).

On November 27, 2018, the above court rendered a judgment to accept only the claim for divorce between the Plaintiff and the Defendant and to dismiss all the remaining claims (hereinafter “instant divorce judgment”).

The defendant appealed against the above judgment, and currently is currently pending in the appellate court as the Daegu Family Court 2018Reu597 (principal suit), 2018Reu606 (Counterclaim).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7, 8, Eul evidence Nos. 1, 2, 4, 10, 13 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the request for return of loan

A. The Plaintiff asserted 1) On July 10, 2014, the Plaintiff lent KRW 40,000 to the Defendant.

However, from July 21, 2014 to October 7, 2014, the Defendant only paid a total of KRW 36,000,000 to the Plaintiff and did not pay the remainder of KRW 4,000 to the Plaintiff.

B. The plaintiff

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