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(영문) 서울동부지방법원 2015.05.20 2014나4103
대여금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Party’s assertion as to the cause of claim;

A. Upon the request of the Defendants through Plaintiff G, the Plaintiff lent money to the Defendants by remitting KRW 53.7 million in total to the account designated by the Defendants (hereinafter “instant money”) on February 24, 201, and KRW 53.7 million on February 25, 2011. If Defendant B is not the lender of the instant money, the Plaintiff is liable to return the instant money jointly and severally with Defendant B, since Defendant B, who is the wife of Defendant B, is related to ordinary price to raise funds to prevent the Defendants from disposing of their residence by auction.

B. Defendant B agreed to carry out the removal work in the name of the Plaintiff at the time of the redevelopment project site of the Han-gu Han-gu N Housing Association in Seocheon-gu, Seoul Special Metropolitan City (hereinafter “the instant construction site”). The instant money is an act of borrowing money beyond the scope of ordinary family association in light of the following: (a) whether Defendant B received dividends in advance pursuant to the said business agreement; and (b) whether Defendant B borrowed the instant money is a large amount of money; and (c) even if Defendant B borrowed the instant money, the act of borrowing money goes beyond the scope of ordinary family association.

2. Facts of recognition;

A. Since around 2008, G operated the scrap metal treatment business as “I” without having registered its business. On February 15, 201, the Plaintiff, the wife of G, registered its business with “I, scrap metal, waste scrap metal, and general construction works,” and the Plaintiff (I) opened the deposit account in the name of the Plaintiff (I) (hereinafter “instant account”); and G is operating I with the Plaintiff while carrying out existing business activities. (2) The Defendants were married with the Plaintiff from around 2001, as their husband and wife, reside in the G apartment, 203 Dong 604 square meters (exclusive area 45.7 square meters, 7 square meters, hereinafter “instant apartment”).

Defendant B and G came to know at the site of the removal work around 2010 and entered into an economic relationship as follows.

B. The instant case.

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