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(영문) 대구지방법원서부지원 2014.07.11 2014가합896
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 relationship between the Plaintiff and the Defendant is one between the parties. 2) The Defendant used the deposit account (Account Number: C) and the company bank account (Account Number: D) in the name of the Plaintiff from 2003 to her economic activities.

B. On September 22, 2008, the Plaintiff transferred total of KRW 67,00,000 to the Defendant, including KRW 48,000,000, KRW 9,000 on August 17, 2009, and KRW 10,000 on April 2, 2010.

C. Real estate 1 in the name of the Plaintiff) In Jung-gu Incheon Jung-gu, 202 Dong 203 (hereinafter “Incheon apartment”)

As to the Plaintiff, the ownership transfer registration was completed on October 8, 2003 under the Plaintiff’s name on August 29, 2001 due to the sale and purchase on August 29, 2001. The ownership transfer registration was completed on July 5, 2012 under Nonparty F’s name on the grounds of the sale and purchase on May 16, 2012. (2) As to the G apartment 102 Dong-dong 1403 (hereinafter “J apartment 1403”) in Changwon-si, Changwon-si, Changwon-si, Seoul Special Metropolitan City, the Plaintiff’s father’s father’s title was transferred on November 20, 203 under the Nonparty H’s name as of September 6, 2006. The ownership transfer registration was completed on the grounds of the sale and purchase on February 22, 2010.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-2, Gap evidence 2, 6, 7, Eul evidence 6 and 7, the purport of the whole pleadings and arguments

2. Determination

A. The Plaintiff’s assertion 1) The Plaintiff loaned KRW 67,00,000 to the Defendant from September 22, 2008 to April 2, 2010. ② The Plaintiff’s claim is the deposit account in the name of the Plaintiff (this is the deposit account actually used by the Defendant as seen earlier) with the deposit money for the Incheon apartment owned by the Plaintiff.

(2) The Defendant asserts that the Plaintiff should pay KRW 126,507,780 to the Plaintiff a total of KRW 126,50,780,000, out of KRW 110,000 deposited money. The Defendant asserted that the Defendant did not borrow money from the Plaintiff, and even if he borrowed money from the Plaintiff for domestic affairs, the Plaintiff actually owned the money between the Plaintiff and the Plaintiff.

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