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(영문) 수원지방법원안산지원 2017.08.18 2016가단67380

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. The parties' assertion

A. The Plaintiff’s assertion 1) D and Defendant B deceptioned that, around July 2015, they could obtain a large amount of profit if they made an investment in the Plaintiff Company E, and that, on July 31, 2015, the Plaintiff wired the total amount of KRW 13 million to D’s account via two occasions on July 31, 2015, and around that time, the Plaintiff pays KRW 10 million to D a total of KRW 10 million cashier’s checks of KRW 1,520,000,000 to Defendant C’s account, the husband of Defendant B, who is the Defendant’s husband, around August 18, 2015, KRW 4.520,00,000,000,000 around the 21.567,000,000 won around the 27th of the same month, around September 8, 15, 2015.

(2) The Defendants are jointly and severally liable to pay the amount equivalent to the above amount to the Plaintiff as damages, since the Defendants’ act constitutes a tort. (2) The Plaintiff lent the amount of KRW 4.8 million to Defendant B around August 2015, and Defendant B is obligated to refund the amount of KRW 4.8 million to the Plaintiff.

B. The Defendants’ assertion 1) The Defendants did not deceiving the Plaintiff as alleged by the Plaintiff, and the Plaintiff also invested the amount equivalent to KRW 72.7 million in F Co., Ltd., through the Plaintiffs, and suffered damages. Defendant B did not borrow KRW 4.8 million from the Plaintiff.

2. Determination as to the cause of action

A. According to the evidence evidence Nos. 1 and 2 as to the claim for tort, the Plaintiff may recognize the fact that the Plaintiff remitted KRW 13 million to D on July 31, 2015, Defendant C’s husband, to Defendant C’s account, KRW 4.52 million around August 18, 2015, KRW 1520,520,000 around August 21, 2015, KRW 360,000 around September 27, 15, and KRW 3330,000 around September 8, 15. However, there is no evidence to prove that the Plaintiff wired money several times as above by deception of the Defendants, the Plaintiff’s allegation in this part is greater than the remainder.