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(영문) 대전고등법원 2017.11.02 2017나12149
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Summary of the parties' assertion

A. The Plaintiff started a de facto marital relationship with the Defendant with his spouse in 2004, and lived with the Defendant until 2008, by raising marriage in 2005.

From June 16, 2004 to July 4, 2007, the Plaintiff transferred total of KRW 3,485,278,727 to the Defendant’s bank account as business funds or credit card bills. In addition, the Plaintiff paid KRW 68,960,00 (= monthly rent of KRW 2680,000 x 10 million for 22 months x 22-month rent) instead of the Defendant’s wife, or paid KRW 10,000,000 to the Defendant on behalf of the Defendant, and repaid the amount to KRW 168,00,000 on behalf of the Defendant, so that the Defendant may be supplied with rice equal to KRW 168,00,00 from Geumnam, and then lent money to the Defendant by means of paying the said rice price in lieu of the said rice price to Geumnam.

The Plaintiff is entitled to the payment of the following amounts, taking into account the remaining part of the loan claims that the Defendant repaid (including KRW 20 million on Nov. 18, 2004, and KRW 441760,00 from April 14, 2006 to July 4, 2007) was appropriated for the first due date, and the remaining part after the due date has become due. The Plaintiff is entitled to the payment of the following amounts, taking into account the expiration of the extinctive prescription period prior to the filing of the instant lawsuit ( December 23, 2005).

① From December 24, 2005 to January 19, 2006, 138,686,195 won (hereinafter “loan by account transfer”) totaling KRW 138,686,195 won, including KRW 71,976,195 that was transferred from the Plaintiff’s new bank account to the Defendant’s bank account on five occasions from June 16, 2006 to July 4, 2007 to the Defendant’s bank account (hereinafter “loan by account transfer”); ② KRW 6,896,000,000 for G officetels expenses; ② KRW 10,000,000, total amount of KRW 307,645,195, and delay damages therefrom that the Plaintiff borrowed from C for the Defendant.

B. The defendant did not borrow money from the plaintiff.

Money deposited by the Plaintiff to the Defendant is part of the white payment (4,415,732,00 won) supplied by the Plaintiff from the Defendant.

Rather, the defendant is against the plaintiff.

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