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(영문) 서울서부지방법원 2017.07.20 2016가합2062
반환금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The Plaintiff and the Defendant, around July 2015, did not dispute the Plaintiff’s spouse, and around July 2015, the Plaintiff and the Defendant: (a) accumulated her friendship among the North Korean Dos; and (b) continued until December 22, 2015.

2. Determination as to loan claims

A. The plaintiff's assertion that the defendant requested the plaintiff to prepare 300,000,000 won as a fund to prepare the new house of his own child C.

Accordingly, the Plaintiff lent KRW 132,50,000 to the Defendant on November 6, 2015, and KRW 167,500,000 to the Defendant on November 15, 2015 by means of delivering cashier’s checks or cash.

Therefore, the Defendant is obliged to pay the Plaintiff the total amount of KRW 300,000,000 and damages for delay.

B. According to the entries in the evidence No. 1 and the purport of the entire pleadings, it is recognized that C, the Defendant, as the Defendant, purchased one apartment bond in Eunpyeong-gu Seoul on November 6, 2015 from D on November 6, 2015, the down payment of the above sales contract is KRW 32,50,000, and the remainder is KRW 292,50,000, and C, the buyer of the above apartment house, by a special contract, acquired the lease deposit of KRW 195,00,000, and decided to deduct the same amount from the purchase price, and the Defendant received KRW 130,000,000 from the Plaintiff around November 6, 2015.

C. According to the facts acknowledged earlier, the Defendant’s amount of money paid to the Defendant is KRW 130,000,000 (hereinafter “instant money”) around November 2015.

(2) Furthermore, we examine whether the Defendant received KRW 170,000,000 in addition to the instant money from the Plaintiff around November 2015.

According to the above-mentioned facts, Gap evidence Nos. 3 through 5, 7, 8, 12, 13, 16, and Eul evidence Nos. 1 and the purport of the whole pleadings, the following circumstances are acknowledged:

Considering these circumstances, the Plaintiff is also in addition to the instant money, around November 2015, only the evidence mentioned above.

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