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(영문) 대전지방법원 2017.09.14 2016가단217274
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 50 million and the interest rate of KRW 15% per annum from August 23, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant and C completed the marriage report on December 22, 2011. At the time of the above marriage report, the Defendant had one male female between the former wife, and the Defendant and C operated dairy farming together after marriage.

B. The Plaintiff’s interest village as C’s interest village and as C’s interest account, at C’s Nonghyup Bank account, KRW 40 million on July 21, 2014, and the same year.

7. 22.10 million won was remitted respectively.

C. On October 15, 2014, the Defendant acquired the raw milk quota of KRW 245km from D in KRW 63.7 million.

C Around April 24, 2016, while having been living separately with the Defendant, filed a lawsuit against the Defendant for divorce, etc. under the Daejeon Family Court’s Red support 2016ddan20429, and the conciliation of divorce between the Defendant and C was concluded on August 18, 2016 in the above judgment.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 9, the purport of the whole pleadings

2. In the above facts of recognition: (a) If the witness C’s testimony and evidence Nos. 3-1 through 6 showed the overall purport of the pleadings, the following circumstances, i.e., C, after receiving the transfer of KRW 50 million from the Plaintiff, remitted KRW 10 million to E, who is the former wife of the Defendant on July 30, 2014; (b) KRW 16 million to the Defendant on August 14, 2014; and KRW 18 million to D, who is the raw milk quota transferor on October 23, 2014; and (c) the Defendant deposited KRW 16 million with the Suwon District Court on August 14, 2014 for the purpose of ordinary financing or financing KRW 50 million; and (c) the Plaintiff deposited KRW 50 million with the Plaintiff on August 25, 2014 for the purpose of ordinary financing or financing KRW 300,000,000 for the purpose of operation of the Plaintiff.

Therefore, the defendant seeks the return of the borrowed amount of KRW 50 million and the borrowed amount to the plaintiff.

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