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(영문) 광주지방법원해남지원 2020.05.26 2019가단202051
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 married with C on April 24, 2001, but the agreement was married on November 18, 2014.

Since then, on August 21, 2017, the plaintiff became a legal couple after reporting a marriage with D who has maintained a de facto marital relationship.

B. Meanwhile, on November 24, 2014, D entered into a commercial lease agreement with E, etc. on a deposit of KRW 20 million with respect to the Seo-gu Seoul Western Building G (hereinafter “instant commercial building”). On the same day between H and H, D entered into a real estate right transfer agreement on KRW 33 million for the instant commercial building (the contract amount of KRW 3 million, the balance of KRW 30 million, the payment of KRW 30 million, and the franchise agreement was concluded with I on the same day.

Since then on November 28, 2014, D reported the business in the instant commercial building with the trade name “J” and operated the said window.

C. From April 27, 2015 to October 21, 2017, the Plaintiff remitted KRW 81,500,000 to the Defendant, etc.’s account as indicated in the following table 1.

[Attachment 1- The amount transferred from the Plaintiff’s account to the Defendant, etc.’s account] No. 40,000,000 on April 27, 2015, Defendant 1, 2015, Defendant 4,000,000 on August 1, 2015, Defendant 4, 000,000 on October 1, 2015; Defendant 0,000 on October 6, 6, 200,00,00 on October 1, 2015; Defendant 0,000,000,000 on October 1, 20, 2015; Defendant 30,000,000 Defendant 6,00 on September 5, 2016; Defendant 3, 200,00 on June 1, 207; and Defendant 1, 2007; and

D. From October 14, 2015 to February 23, 2017, a total of KRW 29 million was remitted to the Plaintiff’s account under the Plaintiff’s name as listed in the following table 2.

[Attachment 2- The money remitted to the Plaintiff’s account] Date (unit: 6,000,000 on October 14, 2015, Defendant 4, who was the nominal owner of the account transferred from October 15, 2015, Defendant 6,000,000 on October 15, 2015, Defendant 3, 300,000 on October 15, 2015.

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