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(영문) 수원지방법원안양지원 2015.06.11 2014가단14489

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff asserted that: (a) from July 4, 201 to January 14, 2013, the Plaintiff loaned KRW 101,450,00 to the Defendant; (b) KRW 26,730,000 in total from July 8, 201 to December 6, 2012; and (c) KRW 20,000 in total from the Defendant to December 6, 2012; and (d) KRW 54,720,000 in excess of the outstanding amount of the borrowed amount (i.e., KRW 101,450,00-26,730,000-20,000 in total) and damages for delay.

B. The money transferred by the Plaintiff to the account under the name of the Defendant is not a loan to the Defendant, but a medical corporation C and the administrator of the said foundation D, the spouse of the said foundation D, and only the said foundation’s account was seized by the creditors and traded through the Defendant’s account.

2. According to the evidence Nos. 1 and 2 of the judgment as to the Plaintiff’s account from July 4, 2011 to January 14, 2013, the sum of KRW 81,450,000 has been transferred from the Plaintiff’s account under the Plaintiff’s name to the Defendant’s account. From July 8, 2011 to December 6, 2012, the fact that the sum of KRW 26,730,00 has been transferred from the Defendant’s account under the Defendant’s name to the Plaintiff’s account from July 8, 2011 to the Plaintiff’s account under the Plaintiff’s name is recognized. However, the following circumstances acknowledged by comprehensively taking account of the overall purport of the pleadings as follows: (i) when the Plaintiff lends money to a medical corporation, the Plaintiff used the Defendant’s account other than the above evidence Nos. 1 and 5-1 of the evidence Nos. 5, and (ii) even if the Plaintiff immediately deposited money to the Defendant’s account at the time of a notarial deed and 1).