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(영문) 대전지방법원 2019.04.17 2018나106720
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's supplementary claim is dismissed in this court.

3...

Reasons

Basic facts were transferred to the Defendant’s account, the wife of C, KRW 500,000 on February 6, 2013, KRW 500,000 on February 22, 2013, KRW 100,000 on April 13, 2013, and KRW 2 million on May 4, 2013.

On March 4, 2013, the Plaintiff transferred KRW 1 million to D’s account, and KRW 7,840,000 to the account in the name of F in charge of the registration of the building of Daejeon Seo-gu E (hereinafter “instant building”) on April 18, 2013.

On April 18, 2013, the registration of ownership transfer for the instant building was completed on the grounds of sale in the future.

[Ground for recognition] The facts without dispute, Gap evidence Nos. 1 through 3, 7, and 8, and the purport of the entire argument of the parties to the lawsuit are as follows: The plaintiff primarily filed a claim with the defendant's husband, which is the defendant's husband, to total of KRW 9.5 million (= KRW 5 million on February 6, 2013, KRW 500,000,000 on March 4, 2013, KRW 1,000 on April 13, 2013, KRW 7.84,00 won on May 4, 2013, 2013, and the defendant remitted ownership transfer registration expenses for acquiring the building of this case to the account under F and lent KRW 1,734,00 to the defendant as a total of KRW 1,7344,00 on May 4, 2013.

Therefore, the defendant is obligated to pay the loan 1,7340,000 won and damages for delay to the plaintiff.

Preliminary claim was made by the Defendant with a total of KRW 1,734,00,00 from the account in the name of the Defendant, or the account in the name of F or D, and thus, the Defendant is obligated to pay the Plaintiff unjust enrichment of KRW 1,734,00 and delay damages.

Defendant did not receive KRW 1 million from the Plaintiff on March 4, 2013.

The money transferred by the Plaintiff to the Defendant’s account was transferred to the Defendant’s husband in the course of operating the business through a partnership with the Defendant’s husband, and is not a loan to the Defendant.

In other words, on February 6, 2013, KRW 50 million, and KRW 1 million on April 13, 2013, were remitted to C at the expense of the Plaintiff, and on February 22, 2013, KRW 5 million was remitted to H to pay the brokerage commission for Sejong City, and on May 4, 2013, KRW 200,000 is regardless of the business of the Plaintiff.

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