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(영문) 대전지방법원 2018.07.10 2017가단224958

대여금반환 청구

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On February 5, 2014, from the Plaintiff’s E bank account to the Defendant’s account, KRW 9.7 million was remitted from September 5, 2014, and on October 23, 2014, the sum of KRW 1.2 million was remitted from the Defendant’s account to the Plaintiff’s E Account.

B. On August 2, 2012, Plaintiff B, the husband of Plaintiff A, deposited 30 million won in the Defendant’s account with no passbook, and transferred 1,250,000 won in total from Plaintiff B’s account to Plaintiff E bank account over 18 times from October 31, 2012 to June 3, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1 to 2-6 of evidence 1-6, purport of whole pleadings

2. The assertion and judgment

A. The parties’ assertion that, on February 5, 2014, the Plaintiff: (a) decided to borrow KRW 10 million from the Plaintiff on July 5, 2014 and KRW 300,000 per month of interest; (b) was transferred to the Defendant’s account after deducting KRW 300,000 from the advance interest, KRW 9.7 million; (c) was paid only 5 months of interest, including the advance interest, and did not pay the principal and interest of the loan; and (d) the Plaintiff B filed a claim against the Defendant for payment of KRW 10,00,000,000 from the Plaintiff on August 2, 2012; and (e) was reduced to KRW 600,000 per month of interest by July 5, 2014; and (e) was not paid to the Defendant on October 31, 2012 to KRW 15,500,0000,000 against the Defendant on June 31, 2015.

Furthermore, even if the Defendant is not a borrower of the above money, the Plaintiffs allowed the Defendant to open and use the Defendant’s account so that the Defendant’s husband D, who is a bad credit holder, could conduct financial transactions. D requested the Plaintiffs to lend money to the Plaintiffs, and requested the Defendant to transfer or deposit money to the Defendant’s account, thereby lending the above money to the Defendant’s account that the Defendant’s husband is jointly and severally liable, and therefore, D’s lending of money.