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(영문) 대전지방법원천안지원 2015.04.01 2014가단14012

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion asserts that the Plaintiff lent KRW 30,000,000 to the Defendant on July 15, 2009, April 6, 2010, and September 21, 201, each of the KRW 10,000,000, respectively, and sought a payment of the loan and the damages for delay.

2. Determination:

A. In full view of the Plaintiff’s argument, the Plaintiff deposited KRW 20,000,000 in the Defendant’s account (IBK Bank Account C) on April 6, 2010 and September 21, 201, respectively, in full view of the overall purport of the pleadings as a result of the response to the order to submit financial transaction information issued by this court.

B. The following facts or circumstances are revealed in light of the facts or circumstances that interfere with recognizing the lending of the Plaintiff’s assertion, or the written evidence Nos. 3, 4, and 5 (including the serial number) is not disputed between the parties, or the entire purport of the pleadings as to the response to the order to submit financial transaction information by this court, and the following facts or circumstances are interfered with recognizing the lending of the Plaintiff’s assertion.

1) The Plaintiff claimed that the Defendant lent KRW 100,00,000 to the Defendant on September 16, 201, and KRW 9,700,000 on December 19, 201, and KRW 10,000 on November 20, 201. However, upon the Defendant’s filing of an inquiry about the details of his principal transaction, the Plaintiff asserted that the leased date and the amount were modified as stated in the foregoing paragraph 1. 2) The Plaintiff asserted that “after the Plaintiff claimed for the alteration of the leased date and amount as described in the foregoing paragraph, the Defendant borrowed KRW 100,000,000 additionally borrowed interest KRW 100,000 from the Plaintiff each month on or after July 209, 200, 300,000 interest rate of KRW 10,000,000 thereafter.”

However, according to the above evidence, from January 15, 2010 to May 16, 2014, the Defendant traded a mutual deposit and withdrawal account with 130 times’s account. The Defendant traded a mutual deposit and withdrawal account with 100 million won, 200,000 won, or 300,000 won with the Plaintiff’s account.