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(영문) 창원지방법원진주지원 2016.09.29 2016가단4422
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from June 2, 2016 to the day of complete payment.

Reasons

Basic Facts

From around 2011, the defendant was in de facto marital relationship with the plaintiff C, and around May 2016.

On October 8, 2014, the Plaintiff transferred KRW 40,000,000 in total to the Defendant’s agricultural bank account (hereinafter “instant money”).

around November 5, 2014, the Defendant opened a restaurant (hereinafter “instant restaurant”) with the trade name “E” from Jinju-si D.

C promises on August 31, 2015 that the Defendant will not receive KRW 40,000,000 received from the Plaintiff on October 2014 to the Defendant.

In the future, civil and criminal lawsuits against this will not be filed.

40,000,000 won invested.

“Around November 2014, C filed a lawsuit of division of property against the Defendant on June 2016 under the 2016-Ma312 of this Court. Around November 2014, the Plaintiff lent KRW 40,000,000 to C and leased D shop in the name of the Defendant (lease 40,000,000, rent 1,500,000) in the name of the Defendant, “E” and “C and the Defendant operated a settlement of property in the name of the Defendant.”

(2) The Plaintiff’s assertion of the purport of the entire pleadings and the Plaintiff’s assertion that the Plaintiff borrowed the money to the Defendant is obligated to pay the said money to the Plaintiff, since the Plaintiff did not have any dispute over the grounds for recognition [the grounds for recognition], the evidence No. 1, No. 1, and No. 1 through 3, and the purport of the entire argument.

Even if the said money was donated to C by the Plaintiff and again lent it to C, each of the instant forms of money was paid by C under the condition that C would maintain a de facto marital relationship with C by means of the above written statement, and as such, since the de facto marital relationship between C and the Defendant was lost due to the Defendant’s fault, each of the instant forms of money was not effective since the said conditions were not fulfilled.

The Defendant’s assertion that the instant money was donated to C.

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