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(영문) 서울중앙지방법원 2019.07.10 2018가합567186
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 father of C (in February 2, 2009, changed from D to C) and C and the defendant are the couple relationship.

B. Around February 2003, the Defendant and C established and operated a children’s English institute in the name of “E” in the name of “E” in the Pyeongtaek-si, Ansan-si, and subsequently closed the operation of a children’s English institute (hereinafter collectively referred to as the “instant English institute”) under the trade name of “I” from the member-gu, Ansan-si (hereinafter referred to as the “instant building”). From around February 2005, the Defendant closed the operation of the English Institute on January 2012.

C. C: (a) on February 4, 2009, the name of the English Institute was changed from the Defendant to its own name; (b) on February 11, 2009, the Defendant purchased the instant building and completed the registration of ownership transfer in the name of the Defendant on February 17, 2009.

On January 16, 2018, the Defendant sold the instant building to J Co., Ltd. in KRW 820,000,000, and completed the registration of ownership transfer on May 23, 2018.

On the other hand, around January 2012, the defendant demanded a divorce by agreement to C, and prepared and delivered each of the following contents (hereinafter “each of the instant letters”).

KK [Ground for recognition] Facts without dispute, Gap evidence Nos. 2 through 4 [Defendant Nos. 3 (Dismissal of Evidence) is written by the plaintiff's assault and intimidation, but there is no evidence to recognize it], Eul evidence Nos. 1 through 4, and 9 (including serial number; hereinafter the same shall apply], and the purport of the whole pleadings, as a whole.

2. The plaintiff's assertion and judgment

A. The summary of the Plaintiff’s assertion is as follows: (a) the Defendant: (b) KRW 300,000,000 as the expenses for the establishment of the English Private Teaching Institutes on February 24, 2003; (c) KRW 50,000,000 as the expenses for the interior of a private teaching institute on August 5, 2003; and (d) KRW 50,000,000 as the operating expenses for the private teaching institute on October 30, 2003; and (c) KRW 50,00,000 as the expenses for the acquisition tax, etc. on November 30, 209; (d) KRW 20,000,000 as the refund of tuition fees to students on January 18, 2012; and (e) KRW 10,000,00 as the benefits for the private teaching institute students on January 20, 2012, respectively.

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