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(영문) 광주지방법원 2015.04.16 2014가합7447

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff remitted total of KRW 160,400,000 to C’s bank accounts and Defendant’s bank accounts, as shown below [Attachment 1].

[Attachment 1] On April 19, 201, 10,000 C remittance to the bank account of 10,000,000 C on the date of the order of 5,00,000,000 on July 13, 2011, "40,000 on July 15, 201, 3201 " 50,000,000 on August 2, 201, 50,000 " 50,90,000 on August 1, 2016, 200 " 60,410,000 on August 1, 16, 201; 18, 10,000 or "70,00 on August 30, 205, 200, 100, 1008, 2008;

B. The Defendant, as shown in the [Attachment 2], was deceiving C as shown in the [Attachment 2], and thereafter, the Defendant granted C a total of KRW 104,50,000,000 under the pretext of employment mediation for the Plaintiff, D, etc., including the money remitted from the Plaintiff and D, and KRW 39,70,000 under the pretext of investment.

C. C was prosecuted for committing a crime that acquired a total of KRW 1,276,260,000 from 15 victims including the Defendant, and the judgment was finalized by having been sentenced to 5 years imprisonment with prison labor in the Gwangju District Court 2012 Godan3340.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1 (including branch numbers; hereinafter the same shall apply), witness D's testimony, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion made a loan of a total of KRW 160,400,000 to the defendant, who is a friendship, on nine occasions as shown in the above [Attachment 1]. The defendant paid a total of KRW 10,000,000 and did not pay the remainder of KRW 150,400,000.

B. As seen earlier, the Plaintiff transferred KRW 10,00,000 to C’s bank account, and KRW 150,400,000 to the Defendant’s bank account, as shown in the foregoing [Attachment 1].

However, the following circumstances, i.e., the statement No. 1, the witness D’s testimony and arguments, which can be known to the purport of the entire pleadings, include approximately KRW 30,00,000 of the money paid by the Defendant to C as a job referral, but the ruling of C’s fraud case shall be written.