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(영문) 광주지방법원 2017.06.22 2015가합59872

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. The Plaintiff’s assertion: (a) lent KRW 70 million to the Defendant’s Cbank account on December 31, 2010; (b) on December 31, 2010, the Plaintiff lent KRW 280 million to the Defendant’s E Bank account by withdrawing the check from the Plaintiff’s D Bank account and depositing it into the Defendant’s E Bank account; (c) on January 4, 2011, the Plaintiff lent KRW 56 million by transferring the amount to the Defendant’s C Bank account; and (d) on January 4, 201, the Plaintiff lent KRW 44 million by transferring the amount to the Defendant’s F Bank account; and (e) leased KRW 17 million by transferring the amount to the Defendant’s D Bank account on October 21, 2013; and (e) the Defendant is obligated to pay the Plaintiff a total of KRW 67 million and delay damages.

B. (1) According to the purport of the entire statements and arguments by Gap evidence Nos. 1, 2, and 3, it can be acknowledged that the plaintiff deposited each corresponding amount into the defendant's bank account on each corresponding date, as alleged by the plaintiff.

On the other hand, however, considering the following facts: Gap's evidence Nos. 4 through 7, 20 through 25, 28, Eul's evidence Nos. 1, 3, 4, 5, 9, 15, 21, 22, each statement of evidence Nos. 1, 22, and evidence Nos. 1, 3, 4, 9, 15, 21, 21, and 22 (including each number number), and the whole purport of the pleadings as a witness G's testimony, the plaintiff is a company established on September 2, 2002 for the purpose of manufacturing automobile parts, etc.; the defendant was a company established on August 26, 2004 for the purpose of manufacturing automobile parts; the plaintiff moved into H located in the Gwangju Mine-gu around Aug. 2, 2003; the defendant moved in part of H around July 207 to the plaintiff and the defendant; and the representative director I (the plaintiff's husband is the plaintiff's husband after the operation);