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(영문) 부산고등법원(창원) 2017.10.26 2017나21193
부당이득금
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. Basic facts

A. B borrowed a total of KRW 285,00,000 on several occasions from February 5, 2013 to January 20, 2014 from the Plaintiff.

(hereinafter “the instant loan”). (b)

On October 16, 2002, the defendant married with B and 2002, and was married as a married couple, and the agreement was reached on May 14, 2015.

[Grounds for recognition] The items in Gap evidence 1, Eul evidence 1, Eul 1, and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Defendant borrowed the instant loan along with B, on the premise that he is a joint borrower, and sought the refund of the instant loan against the Defendant.

According to Gap evidence No. 1 and Eul evidence No. 1, the plaintiff of this case's borrowed money of KRW 150,000,000 among the borrowed money of this case as of August 27, 2013 is recognized.

However, the following circumstances, which are acknowledged by the purport of Gap evidence 3 and Eul evidence 4 and the entire arguments, are: (i) the plaintiff received a request from Changwon-si E E (hereinafter "the instant E E E") operated by Eul to lend the above money to the defendant's passbook at the request from Eul; and (ii) the defendant at the time is deemed to have managed the defendant's passbook B as the defendant's passbook; (iii) it is insufficient to recognize that the above facts of recognition and the entries in Gap evidence 2 and 4 are sufficient to support that the defendant borrowed money from the plaintiff together with the plaintiff, and there is no other evidence to support this.

Therefore, this part of the plaintiff's assertion is without merit.

B. The plaintiff jointly and severally held with respect to the loan debt of this case on the premise that it is a club business relationship or a daily home business relationship, and the defendant and B (hereinafter referred to as "the defendant, etc.") jointly operated the instant marina. The loan of this case is for the club business of this case or for the scope of daily home business.

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