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(영문) 대구지방법원안동지원 2016.01.13 2015가단23079
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 and 2 (including separate numbers, if any) as to the cause of the claim, the plaintiff and C are married couple, and the defendant are married couple D and the defendant are married couple, D and the defendant are currently pending a divorce lawsuit under the Daegu Family Court's Ansan Branch 2015ddan1155 (main office) and 2015ddan1438 (Counterclaim). On September 22, 2014, the plaintiff's account was transferred from September 2, 2014 to the defendant's account, and five million won from the defendant's account to the defendant's account.

However, comprehensively taking account of the overall purport of the statements and arguments set forth in subparagraph 1-4 of the evidence Nos. 1-1 and 4, the above money was borrowed from the Plaintiff’s husband and wife in order for the Defendant and D to use it as the purchase price for the main complex building located in E at the permanent residence around September 2014, and D to transfer KRW 45 million to the Plaintiff’s wife C on December 23, 2014, and all the money transferred from the Plaintiff’s husband and wife were repaid.

Therefore, since the plaintiff and C have fully repaid the money remitted to the defendant, the defendant's defense of repayment is justified.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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