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(영문) 대전지방법원 2019.12.18 2018가합101905
대여금
Text

1. The Defendant: (a) from April 19, 2018, the Plaintiff’s KRW 300,000,000 to Plaintiff A; and (b) KRW 50,00,00 to Plaintiff B, and each of the said money.

Reasons

1. Basic facts

A. The plaintiff B is his father and wife A.

The defendant is the wife of the plaintiff A, who is the male-born of the plaintiff A, and is an external baby of the plaintiff B.

B. Plaintiff A transferred each of the Defendant’s friendship account, KRW 20 million on July 17, 2013, and KRW 100 million on July 18, 2013, to the Defendant’s friendship E account.

C. On July 12, 2013, Plaintiff B transferred to the Defendant-friendly E account, KRW 10 million on July 12, 2013 (i.e., KRW 5 million x twice); KRW 10 million on November 25, 2013; KRW 10 million on January 29, 2014; and KRW 20 million on March 13, 2013 to the Defendant’s husband’s account.

(hereinafter referred to as "amount of remittance of this case" in total). 【No dispute exists concerning the remittance of the funds remitted by the plaintiffs (based on recognition), the entries in Gap evidence Nos. 1-1, 1-2, 2 and 3, and the purpose of this Court's financial transaction information meetings and all pleadings against F.

2. Determination on the cause of the claim

A. In full view of the following circumstances, it is reasonable to view that the Plaintiffs leased the instant remittance amount to the Defendant, by comprehensively taking account of the evidence and witness G’s testimony as seen earlier, including the overall purport of the pleading.

1) There is no evidence to support that the Plaintiffs agreed with the Plaintiff and the Defendant to convert 20,000 won from the Plaintiff’s loan from March 13, 2013 to the investment amount. Plaintiff B appears to be an animal behavioralist who graduated from several departments, and Plaintiff B transferred KRW 10,00,000 from the veterinary hospital operated by the witness G to the spring of 2014, when Plaintiff B transferred the money to the Defendant, that female worked as a major doctor, in light of the fact that Plaintiff B was studying in the United States to study animal behavior in the Republic of Korea on March 13, 2013, and that it appears that Plaintiff B appears to be an animal behavioralist who graduated from several departments. Plaintiff B transferred the money from November 25, 2013 and January 4, 2014.

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