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(영문) 대전지방법원 천안지원 2018.02.02 2017가합100058
대여금 반환 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Summary of the parties' arguments

A. In accordance with the Defendants’ promise, the Plaintiff issued an amount of KRW 625 million between March 30, 2009 and February 13, 2015 to the Plaintiff’s wife (Defendant C) and the Defendants (Defendant B) that they would keep the said money in custody and pay a profit and return the money received from the Plaintiff.

After that, on June 13, 2015, Defendant B prepared a cash custody certificate recognizing that the amount to be returned to the Plaintiff is KRW 530 million and delivered to the Plaintiff.

Therefore, the Defendants are jointly and severally obligated to return KRW 530 million to the Plaintiff.

B. The Plaintiff’s management of money received from the Plaintiff to assist the Plaintiff’s wife and children’s livelihood, and granted the Defendants a total of KRW 528.5 million over 15 times from March 30, 2009 to February 13, 2015, and the said money was not given to the Defendants nor lent to the Defendants.

2. Determination as to the claim

A. The Plaintiff’s second father, Defendant C was the Plaintiff’s husband, and Defendant C was the Plaintiff’s fraudulent act; the Plaintiff delivered a total of KRW 528.5 million to the Defendants over 15 times from September 30, 2009 to February 13, 2015; the Defendants purchased Posi-si, Cheongju-si, Cheongyang-si, Mayang-si, and apartment complex 6 from February 26, 2010 to February 10, 2014; Defendant B acquired 530,000 won from the Plaintiff on June 13, 2015 to the Defendant’s husband; Defendant B received 50,000,000 won from the Plaintiff and issued 15,000,000 won to the Defendant; and Defendant B purchased Posi-si, Cheong-si, Cheong-si, and 16,000,000 won.

The defendants transfer the ownership of the above commercial building and apartment to the plaintiff.

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