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(영문) 수원지방법원 2018.12.19 2017가합17040

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) The Plaintiff loaned KRW 417,211,200 to the Defendant by either remitting from each account under the name of the Plaintiff, the Plaintiff’s partner (C, D), and the Plaintiff’s mother (E), to an account under the name of the Defendant, the Defendant’s son (F), or directly making a withdrawal of cash from each of the above accounts.

Plaintiff G Bank’s 82,200,00 H Bank’s 15,180,000,000 CG Bank’s 112,00,000,000 J Bank’s 112,00,000 J Bank J Bank’s 109,531,200 EK Bank’s 33,850,000 K Bank’s 417,211,200 B) also the vehicle used by the Plaintiff to the Defendant (L QM5 car; hereinafter “the instant vehicle”).

(C) Therefore, the Defendant is obligated to pay the Plaintiff the total amount of the above loans and the purchase price of cars and delay damages for the total amount of KRW 437,211,200.

2) The Defendant’s assertion was the well-knownr of “M company” located in Incheon Strengthening Group, and the Defendant was not a person living in the above M company. The Defendant did not borrow money from the Plaintiff, and only received money from the Plaintiff as the source of expenses of non-fash and evacuation. In addition, the instant automobile is not the Plaintiff’s non-fashion to the Defendant, and the Defendant was not purchased from the Plaintiff. Accordingly, the Plaintiff’s claim of this case is without merit, according to the respective entries in the evidence Nos. 1 through 4 as to the claim for loans, according to the reasoning of the judgment of the Plaintiff’s claim No. 1 through No. 4, the fact that money was transferred from each account in the name of the Plaintiff and the Plaintiff’s Dong (C, D), and the Plaintiff’s mother (E) to the account in the name of the Defendant from around

However, the above facts and the statements in Gap evidence Nos. 1 through 6 alone are that the money transferred from the account under the name of the plaintiff, the plaintiff's Dong and the plaintiff's mother to the defendant's account is the money borrowed from the plaintiff.