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(영문) 대전지방법원 천안지원 2018.01.25 2016가단114046
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff became aware of the introduction of Nonparty C, the Defendant’s wife in 2008 to 2009, and was engaged in money transactions with Nonparty C along with a sequence from around that time.

B. On July 31, 2014, C, stating that the Plaintiff borrowed KRW 45,00,000 from the Plaintiff, and that the Plaintiff borrowed KRW 45,00,000 from the Plaintiff, C prepared, in the name of the Defendant, as the husband, the following:

On the side of the defendant's name of the loan certificate of this case, the defendant's seal is affixed, and C brought the loan certificate and delivered it to the plaintiff with the prior seal affixed.

The amount of loan B (the Defendant’s address and resident registration number are indicated): 45,00,000 won, above amount of 35,000,000 won, interest of 10,000 won, interest of 10,000 won, and interest of 8/28 additional 4,000,000 won on July 31, 2014 (the Defendant’s seal is affixed) and the total amount of 11/20 additional 3,000,000 won: 52,00,000 won and 52,00,000 won and interest of 45,00 won and 4,000 won and the purport of the entire pleadings are as follows.

2. The plaintiff's assertion

A. The loan certificate of this case drawn up in the name of the defendant in the name of the defendant as the defendant's assertion of the obligation to accept the loan of this case is prepared on the basis of the defendant's intention, and the defendant concurrently acquired the obligation to repay the loan of this case to the plaintiff, and the defendant is jointly and severally liable with C to pay the plaintiff 27,000,000 won which was not paid

B. The Plaintiff asserted as a common household agent and expression agent lent C totaling KRW 52,00,000 to C as common living expenses of the married couple, such as expenses for cancellation of attachment of the Defendant’s salary, expenses for remodelling a restaurant operated by C and the Defendant, and expenses for purchasing vehicles. In fact, the above loan was used as living expenses, etc. for the common living of C and the Defendant couple, so the Defendant’s remainder of KRW 27,00,000,000, excluding those already paid out among the above loan, pursuant to Article 832 of the Civil Act.

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