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(영문) 인천지방법원 2018.05.09 2017가단252276
대여금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On August 9, 2002, the Plaintiff was married with the Defendant and subsequently divorced on November 15, 2014 as follows.

B. The Defendant: (a) borrowed each name from S and A, a private village-type designated parties C and I to operate a mutual business entity called “E”.

C. On July 25, 2008, the Defendant drafted a certificate of borrowing (hereinafter “the certificate of borrowing of this case”) to the Plaintiff on July 25, 2008, stating that “The amount of KRW 10,000,000 as of February 18, 2008, KRW 2,000,000 as of February 21, 2008, KRW 10,000 as of May 21, 2008, and KRW 37,000,000 as of May 27, 2008, including the borrowed amount of KRW 15,00,000 as of May 27, 200, shall be repaid until December 30, 2008.”

From May 11, 2008 to September 7, 2010, the Defendant remitted approximately KRW 17,140,000 to the account in the name of Gyeyang F opened by the Plaintiff from several accounts in the name of the Plaintiff.

E. The Plaintiff purchased from G the H apartment 109 Dong 1804 (hereinafter “instant real estate”) from G in the transaction price of KRW 410,00,000, and acquired ownership on November 28, 201.

From May 15, 2010 to November 7, 2011, the Defendant remitted approximately KRW 115,340,000 from the account in the name of D to the account in the name of wife I of the said G.

F. 1) On August 22, 2012, the Defendant filed a principal lawsuit against the Plaintiff, such as divorce, with the Incheon District Court. On December 4, 2012, the Plaintiff filed a counterclaim against the Defendant, such as divorce. The instant case was transferred to the collegiate division, and the case was proceeded with the Incheon District Court 2013Dhap48 (principal lawsuit) divorce, etc., and the divorce (Counterclaim). 2) On January 2, 2013, the Plaintiff submitted the property list related to the division of property to the above court. The Plaintiff did not have any claim against the Defendant and the Selection C based on the instant loan certificate on the property list.

3) A decision in lieu of conciliation in October 28, 2014 (hereinafter “instant conciliation decision”) with the following content in the said divorce lawsuit (hereinafter “instant conciliation decision”).

November 15, 2014.

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