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(영문) 서울북부지방법원 2015.06.11 2014가단36679
대여금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion that around December 2009, the plaintiff became aware of the defendant in the course of engaging in a partnership business with the defendant's husband, and on February 24, 2010, upon the defendant's request from the defendant to lend purchase price of 24 million won and 803 Dong-dong 803 (hereinafter "the apartment of this case"), Dobong-gu Seoul Metropolitan Government, to E who is the seller of the apartment of this case, transfers the purchase price of 20 million won to E who is the seller of the apartment of this case, and lends the above 24 million won to C in the manner of paying 4 million won to the defendant, the defendant is obligated to pay the loan amount of 24 million won and damages for delay.

2. According to the evidence Nos. 1 and 2 of the judgment of the court below, each transfer of KRW 20 million from the postal savings account under the Plaintiff’s name to E on February 24, 2010, and the Defendant, on April 13, 2010, filed a registration of transfer of ownership under the sales contract dated February 24, 2010, on the apartment of this case, and thereafter the registration of transfer was completed on February 15, 201, the maximum debt amount of KRW 30 million on February 15, 201, the obligor C, and the Plaintiff on February 14, 201, only recognized that the establishment of mortgage was completed on February 24, 201, and further, the Plaintiff’s assertion is insufficient to acknowledge that the Plaintiff lent KRW 24 million to the Defendant on February 24, 2010.

Rather, according to the statements in evidence Nos. 1 through 6, and evidence Nos. 1 through 3, the Plaintiff filed a criminal complaint against C on the ground that C, F, and interior decoration business was suspected of embling its partner funds and purchasing the apartment of this case with the embezzled money. After that, the Plaintiff received 38 million won as of February 14, 201 between C and C on April 30, 201, and the remainder of 14 million won as of April 70 months, and the Plaintiff agreed to receive 24 million won as a collateral against the Defendant on the same day.

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