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(영문) 인천지방법원 2016.02.03 2015가합4487
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff and the defendant are married on May 1987 and have two children under the chain, and have been engaged in community life for not less than 20 years, and they began to move separately from October 8, 2008, and they are raising two children after their separation.

B. During the marriage period with the Defendant, the Plaintiff withdrawn each of the money listed below [Attachment 1] from the Plaintiff’s bank account (hereinafter “instant money KRW 1”) as a check.

[Attachment 1] The temporary amount (won 1) No. 15,00,000 on December 26, 2006; 11,000,000 on January 12, 2007; 30,500,000 on March 16, 2007; 86,50,000 on March 30, 200 on March 16, 2007; 86,50,000 on July 27, 2000 on July 22, 2010; 30,0003 March 25, 201; 200,00 on March 16, 201; 96,50,500 on April 17, 2000;

C. After the Plaintiff started to separate from the Defendant, the Plaintiff transferred the money as indicated in the [Attachment 1] Nos. 2 through 4 (hereinafter “the instant money”) from the Plaintiff’s bank account to the Defendant’s bank account (hereinafter “each of the instant money”).

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3, Gap evidence 4 (including branch numbers, if any), part of the plaintiff's personal examination result, purport of whole pleadings

2. The parties' assertion

A. A. A summary of the Plaintiff’s assertion 1) (1) around the end of December 2006, the Defendant requested the Plaintiff to provide a loan with interest of 16% per annum if he/she lends money to the Plaintiff for trade-related business. The Plaintiff: (a) withdrawn the KRW 1 in this case from the check and lent it to the Defendant; (b) on April 3, 2007, with respect to the above monetary lending relationship, the Defendant stated “the amount of the loan KRW 90,000,000,000; and (c) on April 3, 2007, the date of repayment on April 2, 2008; (d) interest rate of KRW 16 per annum; and (e) interest rate of KRW 1,200,00 per month (hereinafter “the instant loan certificate”).

was drawn up and issued.

② The Plaintiff is the Plaintiff.

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