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(영문) 대구지방법원 2018.05.03 2017나308451

대여금

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1. The plaintiff's appeal and the additional selective claims filed by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Determination as to the request for return of loan

A. (1) The Plaintiff wired the Defendant’s account KRW 10 million on October 2, 2014, KRW 500,000,000 on October 8, 2014, and KRW 5 million on October 9, 2014, to lend the Defendant a total of KRW 20 million on or after the due date for repayment of two to three months (hereinafter “instant loan”).

As such, the Defendant asserts that the Plaintiff is liable to pay KRW 20 million and delay damages for the loan principal of this case to the Plaintiff. 2) The Plaintiff’s transfer of KRW 20 million to the Defendant’s account does not conflict between the parties or may be recognized by the statement of KRW 1,2, and KRW 30 million. However, in light of the following circumstances, the Plaintiff’s transfer of KRW 2,00,000 to the Defendant’s account by means of the statement of KRW 2,3,4,10,11,12, and evidence of evidence No. 1 and evidence No. 1 as follows: (1) The Plaintiff did not have any other reason to acknowledge that the Plaintiff borrowed KRW 20,000 to the Defendant’s account, KRW 1,00,000,000 and KRW 5,000,000 from October 9, 2014 and KRW 20,000,000 to the Defendant’s account at the time of the loan and KRW 3000,0,0,00,00.

Therefore, the plaintiff's above assertion is without merit.

B. Although the Plaintiff’s assertion 1 did not directly borrow the instant loan, the Plaintiff did not directly borrow the instant loan, the Plaintiff’s assertion as to the conjunctive assertion 1 to C who represented the Defendant.