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(영문) 대구지방법원안동지원 2015.04.27 2014가단3979
대여금
Text

1. As to KRW 47,385,770 and KRW 30,000 among them, the Defendant shall pay to the Plaintiff the year from July 18, 2014 to April 27, 2015.

Reasons

1. Facts of recognition;

A. On April 26, 1979, the plaintiff and the defendant were married with C on April 26, 1979, and they were divorced on May 27, 2009.

B. Around August 30, 1997, the Plaintiff borrowed KRW 50 million from the Korea Life Insurance Co., Ltd. (hereinafter “Korea Life Insurance Co., Ltd.”) upon the request of the Defendant and C (hereinafter “Korea Life Insurance Co., Ltd.”) to secure the above debt, and completed the registration of creation of mortgage over KRW 65 million with respect to the third floor No. 311 (hereinafter “the apartment of this case”) of the first apartment No. 1, Guro-gu, Seoul, which is owned by the Plaintiff, in order to secure the above debt, the Plaintiff paid KRW 30 million out of the borrowed money to his husband C.

C. On October 2, 1999, the Plaintiff and C repaid all the money loaned to the life-long by October 2, 199, and thereafter, on June 22, 2001, borrowed KRW 49,935,400 from the life-long on the instant apartment as collateral.

On June 22, 2001, the Plaintiff withdrawn KRW 30 million,00,000,000 from the money loaned on the same day to the Defendant and C by means of a cashier’s check, and delivered it to the Defendant and C, and the remainder KRW 19,935,40,00,000, in total, of the Plaintiff’s money to the remainder of KRW 19,935,40,00 was repaid immediately on June 27, 2001, and partly repaid the loan.

C and the Defendant transferred money equivalent to KRW 350,000 from July 16, 2001 to June 13, 2003 by using the Plaintiff’s account in the name of the Defendant, C, C, and C, and G (hereinafter “G”) operated by C, as interest.

E. As the repayment period of the loan has expired, Korea notified the Plaintiff that he will implement the right to collateral security established on the apartment of this case.

In order to prevent the auction of the apartment of this case, the Plaintiff obtained a loan of KRW 50 million from the NAF on June 26, 2003 from the NAFFFF (hereinafter “SFFFFF”) and thereafter, obtained a total of KRW 31 million out of the above money, as well as other money owned by the Plaintiff, for life-long on June 27, 2003.

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