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(영문) 울산지방법원 2015.05.15 2014가단29109
대여금
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant were living together from April 2012 to September 2013 and were de facto in a de facto marital relationship.

B. Around September 2013, the Plaintiff liquidated a de facto marital relationship with the Defendant, and was married with Nonparty C around December 2013.

[Reasons for Recognition] Facts without dispute, witness D, the purport of the whole argument

2. The parties' assertion and judgment

A. The Plaintiff’s major assertion (1) (A) from April 2012 to November 2013, 2013, the Plaintiff transferred KRW 96,582,500 to the Defendant’s account in the name of Nonparty E or the Plaintiff’s account, the Plaintiff’s mother, from April 2012 to November 201, and lent the said money to the Defendant for the purpose of the expenses for opening the beauty art room

(B) The Defendant only repaid KRW 10,244,00 out of the borrowed money by means of remitting the sum of KRW 10,244,000 from the Defendant’s account to the Plaintiff’s account and the Plaintiff’s account.

(C) The Defendant is obligated to pay to the Plaintiff the remainder of the leased principal amounting to KRW 86,338,500, and damages for delay.

(2) The plaintiff's assertion (A) only remitted money to the defendant's account to use the defendant's account in de facto marital relationship with the defendant, or voluntarily disbursed expenses for the establishment of beauty art rooms for the defendant, or remitted money to the defendant's account for the defendant's living expenses, etc., and did not lend the above money to the defendant.

(B) Even if not, the Plaintiff and the Defendant agreed to complete the settlement of all claims and obligations between the Plaintiff and the Defendant after the de facto marriage is liquidated.

(C) The defendant does not have any reason to respond to the plaintiff's request.

B. In light of the facts of recognition (1) without dispute, the entries in Gap's evidence No. 1 and 3, and the purport of the entire pleadings, from April 2012 to November 2013, the Plaintiff's mother transferred the amount of KRW 96,582,500 from the account in the name of Nonparty E or the Plaintiff's account to the Defendant's account. The amount of KRW 10,24,000 from the Defendant's account to the E account and the Plaintiff's account is 10,24,000.

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