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(영문) 대전지방법원 2016.08.31 2014가단48597
대여금 등
Text

1. As to KRW 55,015,409 and KRW 53,500,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 55,015,40 from May 21, 2014.

Reasons

1. Basic facts

A. On May 2008, the Plaintiff and the Defendant reported the marriage on May 28, 2009, and reported the divorce on September 3, 2009.

B. The Defendant was liable to C for a loan of KRW 33,50,000,000, but the Plaintiff subrogated to C on July 30, 2008.

C. On July 14, 2008, the Defendant entered into a sales contract with D to purchase the purchase price of KRW 95,000,000 from Daejeon Jung-gu E apartment 103 and 807, Daejeon, Daejeon, and completed the registration of ownership transfer on August 8, 2008.

However, 57,00,000 won out of the above purchase price was paid as a loan to the above apartment as collateral, and on August 25, 2008, the registration of establishment of chonsegwon was completed with respect to the above apartment as deposit money for lease on a deposit basis, KRW 70,000,000, and KRW 57,000.

On May 6, 2009, the defendant sold the above apartment to F and one other than F in purchase price of KRW 105,000,000, and completed the registration of ownership transfer on June 1, 2009.

However, 57,00,000 of the above purchase price was used for the repayment of the above secured loan, and the remaining 48,000,000 won was received by the Plaintiff.

E. Meanwhile, in relation to the Plaintiff’s right to lease on a deposit basis as of May 6, 2009, the Defendant paid the Plaintiff a deposit deposit amount of KRW 1,00,000 to the Plaintiff and left the remainder of this million.

was drawn up and issued a note of payment to that effect.

F. On December 31, 2012, the Plaintiff purchased an amount equivalent to KRW 3,091,00 from G, and paid the price, but returned the amount equivalent to KRW 1,515,409.

However, the Plaintiff returned part of the health food as above and demanded the Defendant to transfer the amount equivalent to the price to the Defendant’s account number, and G transferred KRW 1,515,409 to the Defendant’s account on January 23, 2013.

G. Meanwhile, on May 12, 2014, the Plaintiff is the Defendant.

paragraph (e).

58,00,000 won, including the amount of 53,500,000 won, was sent with a certificate of content that the amount shall be repaid until May 20, 2014.

【Ground of recognition】 There is no dispute.

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