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(영문) 수원지방법원 2016.11.08 2015가단61640
대여금
Text

1. The Plaintiff (Counterclaim Defendant) pays KRW 958,00 to the Defendant (Counterclaim Plaintiff) B.

2. Plaintiff (Counterclaim Defendant)’s principal claim.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B are between themselves, and Defendant B and Defendant C are married, and D, E, and F are children of the Defendants.

B. The Plaintiff, as Defendant C head of Tong, deposited KRW 24,530,00 in total from June 22, 2010 to July 21, 2014 (= KRW 8,070,000, KRW 8,780,000), ② KRW 300,00 on October 31, 2013 as Defendant B head of Tong; KRW 450,000 on the aggregate of KRW 10,460,000 from February 22, 2012 to May 30, 2013; KRW 40,000 on the aggregate of KRW 10,70,00 from May 31, 208 to KRW 30,70,000 on the aggregate of KRW 10,70,000,000 from 30,000 on the aggregate of KRW 10,710,000,37,2019.

C. The Plaintiff: (i) the sum of KRW 22,532,00 from October 20, 200 to July 18, 2014 from Defendant C’s passbook (i.e., KRW 11,680,000; KRW 5,212,640,000; and (ii) the sum of KRW 6,327,00 in Defendant B’s passbook from April 20 to January 24, 2014 (= KRW 6,17,000; KRW 150,000; and (iii) the sum of KRW 17,760,000 in F passbook from February 26, 201 to March 17, 2014 to May 27, 2013;

④ From August 5, 2008 to September 19, 2009, the sum of KRW 6,975,000, and KRW 19,454,000,00 in total, from May 20, 2008 to October 14, 2013, including KRW 3,260,000 (= KRW 16,194,000), was deposited.

Grounds for recognition: Gap 1, 5, Eul 1-6 (including the number with each number; hereinafter the same shall apply), the whole purport of the pleading.

2. The parties' assertion

A. The Plaintiff’s assertion and Defendant B are between themselves, and Defendant B and Defendant C are married couple.

The Plaintiff loaned money to Defendant B economically difficult, and the Defendants jointly and severally agreed to pay the money, thereby remitting to Defendant C’s financial account as follows: (a) KRW 5.6 million on June 22, 2010; (b) KRW 5.5 million on October 8, 2010; (c) KRW 2.47 million on January 21, 201; and (d) KRW 1,561 million on March 18, 201; and (e) KRW 5.61 million on April 28, 201.

The Plaintiff borrowed the school expenses of Defendant B and its own financial accounts, and KRW 3750,000,000 (D) on September 24, 2008.

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