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(영문) 서울중앙지방법원 2018.11.08 2017가합37152
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Plaintiff’s assertion

The Plaintiff, first, demanded that the Plaintiff borrow the amount to be used as business funds and vehicle purchase fees from the Defendant and lent the amount of KRW 540 million to the Defendant. As such, the Plaintiff sought repayment of the loan to the Defendant. ② In the second, the Plaintiff donated the failure of a matrimonial relationship with the Defendant on the condition that the failure of the marriage with the Defendant was rescinded, and the Defendant divorced from the Plaintiff, the Plaintiff sought the return of the donation amount due to the fulfillment of the conditions of rescission.

Judgment

According to the Gap evidence Nos. 1, 2, 3, and 5 (including each number), and the result of the reply to submit financial transaction information to the new bank of this court on September 5, 2018, the plaintiff and the defendant married on January 5, 2015, but they filed a lawsuit for divorce and consolation money claim against the defendant on August 3, 2017, with the Seoul Family Court 2017Ra2690, and on January 25, 2018, the above court "the plaintiff and the defendant divorced." The above court's conciliation was completed; ② The plaintiff transferred KRW 10 million to the defendant's account (the national bank), KRW 3 billion to the defendant's account under the name of 3 billion (the new bank) and KRW 500,000,000,000 to the defendant's account under the name of 300,000,000 won (the above 300,000,000 won to the above account).

However, even if there is no dispute as to the fact that there was a receipt of money between the parties, one party asserts that the receipt of money is a loan for consumption, and the other party receives it.

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