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(영문) 대구지방법원서부지원 2014.08.22 2013가합4822
대여금등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Based on the facts, the pertinent Plaintiff is a person who operated the business in Daegu region as the trade name of C, etc. and went bankrupt on 196, and thereafter, the Plaintiff was a person who was the spouse of the Plaintiff under the name of Nonparty D and actually operated the “E”.

From January 1996 to August 201, 1996, the Defendant served as an employee of the said E, and managed the business funds of the said E using the account (Account Number F, hereinafter “TF”) in the name of the Defendant, Daegu Bank (hereinafter “TF”) or the deposit account (Account Number G, hereinafter “CF”) in the Nong Bank Co., Ltd. (hereinafter “CF”) in the name of the Defendant.

On January 17, 1983, the defendant filed a divorce lawsuit with the non-party H and had two children among them. However, on July 8, 200, the above H as a claim for consolation money of KRW 40 million against the defendant from the Daegu District Court, Daegu District Court, Daegu District Court, as a claim for consolation money of KRW 40 million against the defendant, the defendant was subject to the decision of provisional seizure against real estate (the above court 2000Gudan501, hereinafter referred to as the "prior provisional seizure against this case"), and the above provisional seizure registration was completed on the 11st of the same month.

On February 2, 2004, the defendant filed a lawsuit against H to the effect that he seeks divorce and a divorce equivalent to KRW 50 million in the family branch of Daegu District Court (the above court's principal lawsuit). He also filed a counterclaim against the defendant to seek a division of property equivalent to KRW 20 million in the above court (the consolation money equivalent to KRW 20 million and KRW 80 million in the above court; hereinafter the above principal lawsuit and counterclaim are combined with the above principal lawsuit to seek a division of property equivalent to KRW 80 million (the divorce lawsuit of this case).

A. The Defendant, including the preparation of a loan certificate between the original Defendant, etc., had the effect that “the Defendant borrowed KRW 150 million from the Plaintiff from 1996 to 2000” to the Plaintiff around January 10, 2004.

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