beta
(영문) 대전지방법원 2020.02.05 2018가합1128

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On April 28, 2017, the Plaintiff issued a cashier’s check of KRW 100 million at the CF H H H H H H H H H HD and issued it to the Defendant.

B. Since then, the Plaintiff transferred the sum of KRW 334,300,000 to the Defendant from the Plaintiff’s name or the Plaintiff’s mother’s account, and the Defendant transferred the sum of KRW 390,870,00 to the Plaintiff.

Plaintiff

- the amount remitted to the defendant - The amount of money transferred to the plaintiff - the date of such transfer 2017.

6. 22. 36,000,000 2017

. 9.20,000,000

8. 30.15,000,000

5. 13.16,000,000

d. 30,000,000

80,000,000 on November 14, 17, 190

5,000,000 November 20, 200

. 3,000,000 November 20, 2000

. 3,800,000 December 18, 18, 1900

8. 1,500,000 December 18, 18, 2000

d December 27, 2000,000

7. 14,000,000 December 21, 2000

7. 22.2,000,000 2018

3. 600,000

h. 15,000,000

1. 47,000,000 on November 12, 1900

3,000,000 on November 3, 1993; and

6. 5,000,000 November 43, 1990

7. 5,000,000 November 10, 1900

8. 10,000,000 on November 16, 16, 2000

. 9.10,000,000 on November 16, 16, 2000

6,500,000 November 20, 200

d. 15,000,000 on November 30, 1800

4. 10,000,000 on December 4, 1900, 2000 December 16, 16, 2000, 3,000,00 on December 17, 17, 200, 26. 2,000,000 on December 26, 200, 30 on December 30, 200; and

1. 1. 600,000

2. 21,000,000

1. 24. 18,000,000

1. 30.17,000,000

5,000,000

4,500,000

2. 2,270,000

2. 15,000,000

7. 3,500,000

7.1,000,000

4. 18.10,000,000

4. 23.1,200,000 Aggregate 334,300,000; and

C. On April 25, 2017, the Plaintiff filed a complaint against the Defendant on the charge of fraud by obtaining a total of KRW 548,800,000 from the Plaintiff and obtaining a total of KRW 548,800,000 from April 19, 2018. On November 18, 2019, the Defendant was subject to a disposition by the prosecutor affiliated with the Daejeon District Prosecutors’ Office (Evidence of Evidence).

[Grounds for Recognition: Evidence Nos. 1 through 13, Evidence Nos. 1 and 2, and the purport of the whole pleadings]

2. Determination on the cause of the claim

A. The defendant's summary of the plaintiff's assertion.