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(영문) 서울서부지방법원 2017.04.20 2016나2875
대여금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff lent KRW 15,000,000 to Defendant B, including KRW 10,000,000 on April 24, 2012, and KRW 5,000,000 on May 9, 2012.

② Upon Defendant B’s request, from around 2003, the Plaintiff spent KRW 2,800,000 as advertising expenses, communication expenses, etc. to sell and dispose of the real estate owned by Defendant B, and the Defendant B agreed to reimburse the expenses.

③ Around April 2005, the Plaintiff lent KRW 5,600,000 to Defendant B.

On the other hand, as the spouse of Defendant B, Defendant C agreed to jointly and severally repay Defendant B’s debt to the Plaintiff due to the said transaction.

The Defendants paid KRW 4,00,000, which is a part of the total amount of 23,400,000 won (=15,000,000 won) (2,80,000,000 won). As such, the Defendants shall pay the remainder of KRW 19,40,000 to the Plaintiff.

B. Defendant B did not borrow money from the Plaintiff, and Defendant C did not have agreed to jointly and severally repay Defendant B’s obligations.

2. Determination

A. The Plaintiff deposited KRW 15,00,000 on April 24, 2012 with Defendant C’s deposit account, the wife of Defendant B, respectively, and KRW 5,00,000 on May 9, 2012 can be acknowledged by the purport of the entry of evidence No. 1 and the entire pleadings. Furthermore, according to the purport of each entry of evidence No. 8, No. 5, and No. 8 and the entire pleadings, Defendant B paid KRW 4,00,000 to the Plaintiff on a multiple occasions from April 25, 2014 to August 18, 2014, according to the purport of each entry and pleading of evidence No. 1 and No. 1 and No. 2, the Plaintiff’s provision of real estate No. 1 and No. 1 and No. 5,000,000 to the Plaintiff on a multiple occasions under Defendant C’s name, and the Plaintiff’s provision of real estate No. 2 and No. 1 and No. 2, E. 9, respectively, to the Plaintiff’s. 2.

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