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(영문) 부산지방법원 2018.12.20 2017가단338856

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. C Co., Ltd. (hereinafter “C”) is a company engaged in real estate sale and purchase, sale, etc., and D was a representative (in-house director) of C.

B. On December 7, 2016, the Plaintiff received a proposal from the team leader of C’s E team to sell the F apartment in Busan-gu, Busan-gu, and transferred the sum of KRW 30 million to the CFC account via her husband G account five times on December 7, 2016.

After that, on December 12, 2016, the Plaintiff received 30 million won from the agricultural bank account, the deposit holders of which are “D (C)” to her husband G account.

C. The Plaintiff, on December 13, 2016, remitted total of KRW 30 million to the Agricultural Cooperative Account of “D (C)” five times on December 13, 2016 to purchase H apartment in Gyeonggi-do.

(hereinafter referred to as “one money transaction”) d.

On December 14, 2016, the Plaintiff transferred 17 million won in total to the Agricultural Cooperative Account in the name of “D (C)” three times, and 12 million won in total to the Agricultural Cooperative Account in the name of “C” on January 11, 2017, respectively.

After that, on January 20, 2017, the Plaintiff received 30 million won from the husband’s account to her husband’s deposit account.

E. On March 21, 2017, the Plaintiff transferred a total of KRW 20 million to the national bank account in the name of E (C team leader) in the husband G’s deposit account four times.

E transferred KRW 28,50,000,000 and KRW 10,000,000,000, which was remitted by the Plaintiff and the J, to C deposit account, after deducting interest from the amount of KRW 30,000,000.

On May 12, 2017, the Plaintiff transferred the total of KRW 10 million from her husband G’s deposit account to C’s account on two occasions.

(F) On March 21, 2017, KRW 20 million and KRW 10 million on May 12, 2017, the Defendant, his mother, following the death of November 21, 2017, succeeded to the deceased’s property.

[Ground of recognition] The non-contentious facts, Gap 1-8 (including paper numbers), Eul 1 and 2, the fact inquiry results against the head of the Busan Metropolitan Government Shipping Authority and the purport of the whole pleadings

2. The Plaintiff’s assertion is 30 million won as follows.