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(영문) 서울중앙지방법원 2017.09.21 2016나72817
대여금
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is four children of 1 South and North Korea who were born between the father and father L, and the Defendant is the mother and the Defendant is the mother and the Defendant is the mother and the male.

B. The Plaintiff transferred KRW 95,000,000 on August 24, 2009 to the account under the name designated by the Defendant, and the specific details are as follows.

(1) August 24, 2009: C 17 million won, E 10 million won, F 18 million won, G 18 million won, H 15 million won, Defendant 17 million won, and Defendant 25 August 25, 2009: E 17 million won, J 17 million won, K 17 million won, K 18 million won, and C 18 million won, Defendant 18 million won, and Defendant 18 million won.

C. On September 4, 2009, the Defendant’s husband C completed the registration of transfer of ownership on the ground of sale as of July 14, 2009, with the transaction value of KRW 770,00,00 with respect to the second and fourth floor No. 403 (hereinafter “D’s No. 403”), which was the Seocho-gu Seoul Family Court (hereinafter “D’s No. 403”), and the D’s hospital was opened from KRW 403.

On November 30, 2009, the defendant completed the registration of transfer of ownership on the ground of sale as of October 8, 2009, with the transaction value as of No. 1,121,335,260 won in relation to No. 109-2 of Dong 2-dong 2, Seocho-gu Seoul (hereinafter referred to as "D' 109-2").

E. On April 16, 2014, the Plaintiff sent to the Defendant’s mobile phone text messages stating “the wind to be repaid at an early 200 million won,” and thereafter sent the same text text messages or Kakakakao Stockholm messages to the Defendant and C from June 28, 2015.

【Fact-finding without dispute over the ground for recognition】 Each entry in Gap's evidence 1 through 6, 8, 9 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff alleged that the defendant requested the plaintiff to lend KRW 200 million to the plaintiff as the opening funds of the hospital C, and the defendant sold the building located in Gangnam-gu Seoul, Seoul, which was owned by the plaintiff, and then did not receive any distribution of real estate outside the amount of money compared to other sentences. The plaintiff's assertion is L, which states that KRW 200 million to the defendant who did not receive any distribution of real estate outside the amount.

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