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(영문) 서울고등법원 2018.07.13 2017나2068692
대여금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant resided together with D from 2009 to 2015.

Plaintiff

A is the subject of D, and the plaintiff B is the father of D.

B. On December 7, 2012, Defendant and D got married during the attendance of the Plaintiffs.

[Ground of recognition] Facts without dispute, images of evidence No. 1 (including paper numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiffs asserted 1) Plaintiff A lent KRW 119,50,000 to the Defendant, ① 29,50,000 on November 15, 2010, ② 50,000 on January 24, 2013, ③ KRW 119,50,000 on January 25, 2013; ② Plaintiff B lent KRW 40,000 to the Defendant when the date is unknown; ② KRW 46,00,000 on August 24, 201, ② KRW 86,000,000 on a total of KRW 86,00,000 on August 24, 201.

3) The Defendant is obligated to pay KRW 119,00,000, the total amount of the loan unpaid to the Plaintiff A, and KRW 86,00,000,00 for each of them, as well as statutory damages for delay. (b) In fact, the fact that the Plaintiff A, the Plaintiff B, was the father of the Plaintiff D, and the Defendant resided together with D from 2009 to 2015 is as seen earlier. Meanwhile, the following facts are either not disputed between the parties, or may be recognized by the respective statements in the evidence Nos. 1 through 9, No. 3 and No. 4, and No. 1) are those engaged in the business of repair of an prefabricated factory in the trade name of “E”.

D opened a bank account (Account Number: H) to be used in the operation of the above business from before 2010 under the name of the defendant, and made the indication of deposit account as C(E).

(2) On November 15, 2010, KRW 29,500 from the Plaintiff’s Nonghyup Bank account (Account Number: I) to the Defendant’s account. On January 24, 2013, Plaintiff A transferred the Defendant’s national bank account (Account Number: J. and hereinafter referred to as the “Defendant’s national bank account”).

Ro 50,000,000 won, and 40,000,000 won with the defendant's corporate bank account on January 25, 2013.

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