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(영문) 대구지방법원경주지원 2017.08.17 2016가합363
대여금
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Facts of recognition;

A. On April 14, 2016, the Plaintiff and the Defendant developed from the main station that the Defendant worked as an employee to the relationship of personal relations from around that time.

B. On April 2016, the Plaintiff sent KRW 10 million to the Defendant, as well as KRW 20 million on April 29, 2016, KRW 3 million on May 2, 2016, KRW 100 million on May 4, 2016, KRW 100 million on May 6, 2016, KRW 140 million on May 6, 2016, and KRW 3 million on May 12, 2016, to the Defendant’s account.

C. On June 19, 2016, the Plaintiff: “Around June 19, 2016, the Defendant, despite having received money from the Plaintiff, would be married with the Plaintiff only if he/she had no intention to marry with the Plaintiff even if he/she was liquidateded to the Plaintiff; thereby, he/she acquired 276 million won from the Plaintiff.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion

A. The plaintiff, as the main argument, proposed that the defendant be able to settle the dispute with the defendant, and the defendant received the proposal.

On the condition that the plaintiff was living together, the plaintiff donated KRW 276 million to the defendant.

Since the defendant avoided contact with the plaintiff of the recipient of money and failed to fulfill the conditions, he/she shall cancel the donation contract and request the return of the money.

B. Although the conjunctive Defendant did not have an idea to live with the Plaintiff, the conjunctive Defendant, by deceiving the Plaintiff to the effect that he could live together when resolving the problem of money only, received KRW 276 million from the Plaintiff.

Therefore, the plaintiff cancels the contract of donation on the grounds of deception, and seek the return of the above amount.

3. Determination

A. Determination as to the plaintiff's primary assertion (cancellation of a contract of non-paid donation) refers to a donation in which the donee bears a certain burden, i.e., a certain obligation to provide a certain benefit, at the same time as a donation. Any benefit provided by the donee is a donation contract.

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