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(영문) 제주지방법원 2018.02.02 2016가단8915
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On August 27, 2015, the Plaintiff asserted by the Plaintiff that the Plaintiff lent KRW 100,000,000 to the Defendant. The Defendant is obligated to pay the Plaintiff the said KRW 100,000,000 and the delay damages therefor.

The defendant alleged that the defendant received KRW 100,000,000 from the plaintiff as the pre-determined cost and used the above money as the living cost with C during the marriage period. The above KRW 100,000,000 is not a loan.

Judgment

According to the evidence Nos. 1, 2, and 1, the Defendant opened a trust account (hereinafter “instant account”) on August 27, 2015. On the same day, the Plaintiff collected KRW 100,000,000 from the Plaintiff’s account under the name of the Plaintiff and deposited it into the said account.

However, comprehensively taking account of the overall purport of the statements and arguments set forth in subparagraphs 3 through 5, 9 through 12, Eul's 3, 5, and 8, the defendant married around January 2016 with C, which is the plaintiff's South-North Korea, and the time when the plaintiff paid KRW 100,000 to the defendant around June 2016, the time when the plaintiff paid KRW 100,000 to the defendant is close to the above marriage day. The defendant purchased furniture, electronic equipment, and tugboats with the plaintiff's mother credit card, and then withdrawn money from the account of this case and paid KRW 100,00,00 from the plaintiff to the plaintiff. After the opening of the account of this case and deposited KRW 3,00,00,000 from the plaintiff, the defendant started to disburse marriage-related expenses, etc., 100,000,000,000 won was relatively needed between the plaintiff and the witness, and the defendant did not prepare money for the above 000.

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