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(영문) 서울서부지방법원 2018.07.25 2017가단228093
대여금
Text

1. The Defendant’s payment of KRW 72 million to Plaintiff A, KRW 48 million to Plaintiff B, and each of the said money from April 24, 2018.

Reasons

1. Facts of recognition;

A. On July 25, 2016, Plaintiff A’s husband and Plaintiff B (D)’s father were lent KRW 40 million to the Defendant’s bank account. On January 2, 2017, Plaintiff B transferred KRW 80 million to the same account.

B. On January 19, 2017, E filed a divorce lawsuit against Plaintiff A, and the Plaintiff A filed a divorce lawsuit against the same year.

3. 7. A lawsuit for divorce was filed as a counterclaim.

(c) E, while the divorce lawsuit is pending, returned to Korea on June 1, 2017 after being investigated under the suspicion of indecent act by force at the Eunpyeong Police Station on the same month;

5. He was found to be dead at home. D.

At the time, E used a deposit account in the name of the defendant while keeping the defendant's authorized certificate for bank transactions in his mobile phone.

E. E, once her mother transfers real estate and vehicles owned by her mother to F or G name or disposes of them to a third party, thereby avoiding division of property due to divorce, divided opinions with F, G, etc.

F. On March 11, 2017, E’s cell phone contains a single monetary recording file with G on March 11, 2017. The content of the file is that “E refuses to use the vehicle transferred from G in return for the transfer of E,” and “E uses the vehicle in return for donations to C (the Defendant) as at that time, and then bring it back again.”

[Reasons for Recognition] Unsatisfy, Gap's statements or images, and the purport of whole pleadings

2. The parties' assertion

A. The Plaintiffs’ assertion E transferred KRW 80 million to the Defendant’s deposit account on January 2, 2017 is the money that the Plaintiffs’ claim entrusted the Defendant with the custody of the Defendant with the intent to avoid division of property.

The Plaintiffs succeeded to KRW 40 million and KRW 80 million, totaling KRW 120,000,000,000 and KRW 120,000,000,000 to the Defendant of E. In accordance with the inheritance ratio, the Defendant shall pay to the Plaintiff KRW 72,00,000 (=1220,000 x 3/5), KRW 48,00,00 to the Plaintiff and delay damages.

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