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Reasons
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(영문) 인천지방법원 2019.12.11 2018나70687
대여금
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1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 65,000,000 as well as to the plaintiff on January 1, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff came to know of the Defendant around 2004, and the money transaction was conducted between the Plaintiff and the Defendant from around 2005 to around 2005 as indicated below.

(4) A loan of KRW 30,00,000 on September 20, 209 (Evidence 5), KRW 30,000,00 for loans of KRW 30,000 on September 30, 200, KRW 40,000 for each of the monetary transactions listed below table 4,10,11, and 12. The plaintiff - The defendant - The defendant - The defendant - the defendant - the defendant - the defendant - the defendant - the 2nd of the loans of KRW 30,000 on September 30, 200, KRW 30,000 for loans of KRW 30,000 for loans of KRW 40,00 for 30,000 for loans of KRW 6,00,00 for 20,000 for loans of KRW 5,00 for 20,000 for loans of KRW 5,000 for loans of KRW 30,5,0001.

B. After the Plaintiff’s legal spouse died on or around August 2009, the Plaintiff and the Defendant agreed to live together on September 2009, and the Defendant, together with the Plaintiff, moved to the domicile (In Incheon Gyeyang-gu H apartment I) leased in its name.

C. In the process of commencing the living relationship between the Plaintiff and the Defendant, on September 23, 2009, the Plaintiff paid the Defendant KRW 31,000,000,000 in total, including KRW 30,000,000 of the lease deposit for the said H apartment and KRW 1,00,000,000, and thereafter, paid the Defendant the living expenses, etc. from around 2012 to around 2013 when the living relationship was terminated.

After that, the Plaintiff and the Defendant lived together in the instant H apartment from around February 2012 to around 2013, but the Plaintiff frequently visited the Defendant and the Defendant’s residence from around February 2016.

However, the above relationship between the Plaintiff and the Defendant was concluded in September 2017.

【Ground of recognition” has no dispute, Gap's 1 through 3, 5, 6, 8 through 13, 30, and Eul's 1 through 16.

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