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(영문) 서울중앙지방법원 2017.06.08 2016가단60233
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 151,00,000 and KRW 80,000 among them, from December 1, 2006 to 71,000.

Reasons

1. Facts of recognition;

A. A. Around November 2006, the Defendants, who were married couple, (the declaration of divorce on May 16, 2005) enticed the Plaintiff to pay KRW 120 million to the Plaintiff within six months if they were to lend KRW 100 million to the Plaintiff under the pretext of the purchase price of Dogra in the redevelopment process, and that deceivinged the Plaintiff by receiving KRW 100 million from the Plaintiff on December 1, 2006, and the Defendant deposited KRW 200 million as the Defendant’s deposit with the Suwon District Court on May 2, 2012 in the criminal case of Suwon District Court No. 1483, May 2, 2012, the said court sentenced the Defendants to a suspended sentence of two years for imprisonment with labor for each of the Defendants on August 2, 2012 (the confirmation of May 10, 201), and Defendant B deposited the Plaintiff as the Defendant’s head of Suwon District Court for damages related to the said criminal trial.

B. Meanwhile, on September 24, 2003, the Plaintiff and the Defendants jointly purchased the above apartment amounting to KRW 195 million and completed the registration of ownership transfer in the future of the Plaintiff by purchasing KRW 512,00,000,000 for purchase price of KRW 195,000,000,000,000,000 to the Defendants as security, and the Plaintiff loaned the above apartment amount to the Defendants by setting the maturity period of KRW 118,00,000,000 to September 30, 2007.

C. After September 30, 2008, the Plaintiff sold the above apartment in the purchase price of KRW 374 million, and appropriated the proceeds of the resale of the remaining Defendants, which deducted the purchase price, transfer tax, and other expenses from the above resale price, for partial repayment of KRW 18 million.

[Ground] Without dispute, Gap evidence Nos. 1 through 12 (including additional number), Eul evidence Nos. 1 and 2, and the purport of the whole arguments and arguments, according to the above facts acknowledged, the defendants are jointly and severally liable to the plaintiff for the repayment of loan or compensation for damages of 151,00,000 won [10,000 won - 20,000 won - 118,000,000 won - the amount of loan No. 118,000 won - 47,000,000 won for the payment of resale proceeds of 80,000 won from December 1, 2006, which was acquired through deception, 71,000,000 won.

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