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(영문) 부산지방법원 2016.01.21 2015나9285

대여금

Text

1. Of the part against the defendant in the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below.

Reasons

1. Determination as to the cause of claim

A. From January 26, 2007 to July 10, 2007, the summary of the Plaintiff’s assertion lent KRW 13,300,000 to the Defendant as follows. Of these, the Defendant was obligated to pay the Plaintiff KRW 11,40,000 and damages for delay after July 11, 2007.

Serial 10,000,000 won paid on January 26, 2007 to 3,000,900,000 1,90,000 on March 25, 2007, 2003. 1,000,000 on March 25, 2007; 4. 10,000 on April 7, 2007; 20,000 on April 20, 207; 6. 6, 200 on April 23, 200 on April 20, 200; 50,000 on May 25, 2007; 8, 2000, 00 on May 6, 2007; 10, 2007;

B. (i) The fact that the Plaintiff lent a total of KRW 8,300,000 to the Defendant as shown in Nos. 1 through 8 of the Order of Sheet, is not disputed between the parties, or recognized by comprehensively considering the overall purport of the pleadings in each of the entries in No. 2, 3, 4, 11, 12, 13, 15, 6, and 5.

[The plaintiff asserted that the money of 9,00,000 won was loaned to the defendant, but the above evidence and the statement of 1,13, 2, and 3 of Nos. 4-1, 13, 2, and 3 are considered to have been delivered to the defendant. In other words, the defendant consistently from the investigation agency to the court of first instance because this money was transferred from the defendant to the co-defendant 2 in this court. The plaintiff transferred 5,00,000 won from the plaintiff's agricultural bank account of 10,000 won from the defendant's account of 21:18 on the same day to B, and it is natural to deem that the plaintiff's money was delivered to B via the F's account, and the plaintiff also admitted the defendant's assertion at the investigation agency to the defendant, and there is no evidence supporting the plaintiff's transfer of money to 17,000,000 won after the plaintiff's submission of money.