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(영문) 대구지방법원 2015.07.07 2014가단55120
대여금
Text

1. The Defendant: (a) KRW 10,000,000 for the Plaintiff and 5% per annum from January 8, 2015 to July 7, 2015.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant met at an elementary school alumni group from 2009 to November 201, 2014.

B. The Plaintiff remitted to the Defendant a total of KRW 46 million between November 10, 2009 and August 27, 2014, as indicated below (hereinafter “instant money”).

A person who receives an order of priority on November 10, 200, KRW 10 million on December 27, 2009, KRW 3 million on December 27, 2009, KRW 3 million on February 8, 201, KRW 40 million on November 18, 201, KRW 50 million on October 30, 201, KRW 50 million on October 30, 201, KRW 60 million on August 27, 2014, KRW 10 million on August 27, 2014.

C. The Defendant received the money No. 6 from the Plaintiff and lent the money to Nonparty D, and the Plaintiff received the original copy of the loan certificate from the Defendant on August 28, 2014, which received KRW 10 million from the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff Nos. 1 and 3 require the defendant's husband's business funds. The No. 4 requires the defendant's business funds to operate the Internet shopping mall operated by the defendant, and the defendant will obtain the apartment subscription passbook, and the defendant will use the apartment subscription passbook for sale. The No. 5 is that the defendant will use the apartment subscription ledger for sale, and the defendant will use the bond as the interest for sale, so the defendant is obligated to repay the above money to the plaintiff. Even if the above money cannot be viewed as a loan for domestic affairs, the defendant is obligated to return it as unjust enrichment since the defendant received the above money from the plaintiff without any legal ground. On the other hand, since the defendant agreed to approve the debt of KRW 20 million and return it, at least KRW 20 million shall be returned.

B. The Defendant’s instant money is merely money that the Plaintiff used as living expenses in return for the maintenance of the Defendant’s unsound relationship.

3. Determination

A. A. A dispute over the fact that the parties to the judgment on the Plaintiff’s assertion of lending may have money paid.

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