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(영문) 수원지방법원안양지원 2014.12.09 2014가단5263

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. According to the evidence Nos. 3 and 15 of the basic facts, the Plaintiff may recognize the fact that the Plaintiff deposited money in the account of the Defendant or the Defendant’s spouse C, the Defendant’s wife D, etc. amounting to KRW 407,093,764 as indicated below.

Serial 120,00,000 on December 12, 201 December 15, 201; 101,093,764 on August 19, 201; 10,000,000 on October 21, 201; 20,000 on January 12, 2012, 20,000 on May 28, 2012; 30,000,000 on April 30, 200,00 on April 24, 2012; 10,000,00,00 on July 5, 200, 200; 10,000,00 on July 5, 200, 200, 2000; 10,000 on August 10, 2010;

2. From August 201 to April 2013, 201, the Plaintiff asserted that the Plaintiff lent KRW 407,093,764 to the Defendant totaling KRW 13 times, and the Defendant paid KRW 41,00,000 among them, and thus, the Plaintiff is obligated to pay the remainder of KRW 366,093,764, which is deducted from the Plaintiff.

As a lawsuit in this case, the plaintiff claims payment of KRW 100,000,000, which is a part of the lawsuit in this case, and damages for delay.

3. According to the judgment of the court below, Gap evidence 1, Eul evidence 1 to 20, Eul evidence 2, Eul evidence 3, Eul evidence 6, Eul evidence 8, Eul evidence 9, the defendant borrowed 3,200,000 won from Nonghyup on September 17, 2010 and remitted 2,00,000,000 won to the plaintiff's corporate bank account (K) on the same day, the defendant created 3,00,000 won to the defendant on August 19, 201, 2, the defendant made 3,00,000 won to the defendant as the interest on the above loan, 3,00,000 won to 3,00 won to 3,00,000 won to 3,00,000 won to 30,000 won to 2,00 won to 3,05,00 won to 3,000 won to 2,011.