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(영문) 대구지방법원서부지원 2014.01.09 2013가합264

대여금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Claim against Defendant B and C

A. (i) The plaintiff's argument on December 2005 was requested by the defendant B and C to lend funds to purchase H land in Jeju Special Self-Governing Province, and the above defendants; ① on December 23, 2005, KRW 167 million (10 million cashier's checks of the Japanese bank x 5 x KRW 10 million cashier's checks of the agricultural cooperative x 9,7 million x 9,000 won x 1,7 million x 20 million x 20 million); ② on January 5, 2006, KRW 10 million ( Daegu bank cashier's checks x 20 million x 2) interest x 20 million x 31 December 31, 206, respectively. < Amended by Act No. 7874, Dec. 31, 2006>

Therefore, the above Defendants are jointly and severally liable to pay the Plaintiff the total amount of KRW 187 million and the accrued interest or delay damages.

According to the evidence Nos. 3-1 through 15, Gap evidence Nos. 4-1, 2, 5-1, 2, 6-1, 5-2, 14-1, 2, and 15, the plaintiff delivered 187 million won and cash to the above defendants, during several times between August 11, 2006 and December 14, 201, the above defendants or defendant D deposited KRW 300,000 to 80,000 won in the above defendant's account, and the defendant Eul remitted KRW 500,000 to the I's account on February 17, 2009, and the fact that the defendant Eul transferred 72,739, 100,000 won to the above defendants' right to claim purchase and sale of forest land under the name of the defendant D's name as 30,000 square meters on September 19, 201.

However, in light of the following circumstances, the above evidence and evidence Nos. 1 and 3-1, 2, and 4-1 of the evidence Nos. 3-1, 3-2, and 4-1 as a whole, the above facts of recognition alone are insufficient to deem that the monetary delivery to the Defendants was made based on the underlying relationship, and there is no other evidence to acknowledge this otherwise, the plaintiff's assertion in this part is without merit.

(1) Two times shall be 187 million won.