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(영문) 대구지방법원김천지원 2017.09.27 2016가단33574

기타(금전)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff, on September 25, 2014, remitted total of KRW 40 million, including KRW 30 million on September 25, 2014, and KRW 10 million on November 5, 2014, to the Defendant’s bank account.

[Reasons for Recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. The plaintiff's assertion and judgment

A. Plaintiff’s assertion 1) The Plaintiff asserts that, on September 25, 2014, the Defendant was obligated to pay KRW 40 million to the Plaintiff for damages caused by the illegal act as above, the Defendant agreed to pay KRW 30 million to the Plaintiff and to distribute profits to the Plaintiff as a partner, and that he/she shall receive KRW 30 million from the Plaintiff, and that, on November 5, 2014, he/she would immediately pay KRW 10 million if he/she borrowed KRW 10 million from the Plaintiff, and that he/she would receive KRW 10 million from the Plaintiff, and that the Defendant is obligated to pay KRW 40 million from the Plaintiff for damages caused by the illegal act as above. 2) The Plaintiff asserted that the Defendant would have agreed to receive KRW 40 million from the Defendant to receive the remainder of the loan around January 25, 2015, and that he/she would receive KRW 40 million from the Plaintiff on August 26, 2016.

(b) Determination 1) In respect of claims for damages, evidence Nos. 1, 2, 3, 5, 8 through 14 (including paper numbers; hereinafter the same shall apply)

(1) The following circumstances, which are acknowledged by comprehensively taking account of each description of the witness C, the testimony of the witness C, the results of the order to submit financial transaction information to the Bank of Korea, and the entire purport of the pleadings, namely, ① the Defendant’s presentation Kabling Co., Ltd. (hereinafter “Sbing”) on August 8, 2014.

(2) The sum of the Defendant’s KRW 40 million and the Defendant’s money (i.e., KRW 50 million on August 12, 2014), which the Defendant received from the Plaintiff on the Kabing, is KRW 60 million (i.e., KRW 50 million on November 12, 2014) and KRW 100 million on November 12, 2014.