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(영문) 수원지방법원 2021.02.18 2019가단23936
손해배상
Text

All of the claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

The costs of lawsuit.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant became aware of around 2011 to 2012, and began living together from March 2014.

B. On March 7, 2017, the Plaintiff and the Defendant reported marriage, and on March 5, 2018, reported divorce by agreement.

[Ground for recognition] Unsatisfy, Gap evidence No. 2, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff’s assertion 1) The Plaintiff became aware of the Defendant through the introduction of a chair between 2011 and 2012, and had the Defendant take charge of the construction of a board board on the rooftop for the Plaintiff’s residence.

Around that time, the Defendant was urgently required to pay money, and the Plaintiff lent money to the Defendant around 2012.

2) After that, the Plaintiff had lived with the Defendant and reported the marriage, and provided several additional loans.

3) As such, the sum of the money that the Plaintiff lent to the Defendant is about 49,730,010, and the Defendant is obliged to pay the said money to the Plaintiff.

B. Defendant’s assertion 1) The Defendant did not borrow the money prior to living together with the Plaintiff, and at that time received KRW 30,000,000 from the Plaintiff as the price for housing construction.

After living together with the plaintiff, they receive money from each other whenever it is necessary to lead a common life of both spouses.

2) If the money paid by the Plaintiff to the Defendant for domestic affairs exceeds the money paid by the Plaintiff from around 2012 to December 31, 2018, the Plaintiff is obliged to pay KRW 24,516,980 to the Defendant, instead, if the money deposited by the Defendant to the Plaintiff exceeds the money paid by the Plaintiff.

3. In light of the following circumstances acknowledged by the record of judgment, the evidence submitted by the plaintiff and the defendant alone alone that the plaintiff and the defendant lend money to each other as alleged above.

There is a lack of recognition and there is no evidence to prove otherwise.

A. The Plaintiff and the Defendant began living together with each other since March 2014, and several times of money.

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