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(영문) 서울서부지방법원 2018.10.05 2017가단242877
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 90,900,000 and the interest rate of KRW 15% per annum from May 2, 2018 to the date of full payment.

Reasons

1. Basic facts

A. Defendant B (name before the opening of name: D) married F, the Plaintiff’s children, and the marriage around September 28, 200 on September 28, 200, but divorced around 2016.

B. From the Plaintiff’s account under the name of the Plaintiff, the KRW 60 million was transferred from August 24, 2012 to the national bank account in the name of Defendant B, and KRW 10 million on September 19, 2012, respectively. From the Plaintiff’s account in the name of G, the KRW 50 million was transferred to the national bank account in the name of Defendant B to the national bank account in the name of Defendant B on December 31, 2012, and KRW 15.9 million on January 28, 2013 (= KRW 6 million).

C. On January 31, 2017, Defendant B and Defendant C concluded a sales contract (hereinafter “instant sales contract”) with respect to each of the real estate listed in the separate sheet (hereinafter “instant real estate”) with Defendant C on January 31, 2017 for the purpose of paying the said debt, and completed the registration of ownership transfer as of February 14, 2017, such as Cheongju District Court’s Young-dong Branch Branch, etc. (hereinafter “instant registration of ownership transfer”).

Defendant B had been in excess of the obligation at the time of the instant sales contract.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 5, the fact inquiry results on the Seoul Credit Guarantee Foundation of this Court, the order of submission of financial transaction information to the National Bank of this Court, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. 1) The Plaintiff asserts that the Plaintiff loaned KRW 90,90,000,000 to Defendant B, who operated a restaurant with the name of “H”, via the Plaintiff’s account, for lending money due to insufficient operating expenses, etc., the Plaintiff claimed that Defendant B lent KRW 6 million on August 24, 2012, KRW 190,000,000,000,000 to the Plaintiff’s account under the Plaintiff’s name, and KRW 5,000,000 on December 31, 2012, and KRW 90,09,000,000,000 to the Plaintiff’s bank on January 28, 2013. Accordingly, Defendant B asserts that lending KRW 30,000,00 to the Plaintiff’s bank on August 24, 2012, the remainder KRW 30,90,000 to the Plaintiff’s Republic of Korea.

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