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(영문) 대구지방법원 2014.12.11 2014가합2314

청구이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant had an internal relationship for about six years from March 2007 to March 2013.

B. From September 11, 2008 to April 25, 2013, the Defendant paid KRW 135,000,000 to the Plaintiff in total by transferring from each deposit account in the name of the Plaintiff to the deposit account in the name of the Plaintiff’s National Bank (C) in each deposit account in the name of the Defendant and the Daegu Bank.

Specific details of transfer shall be as follows:

[Attachment 1] Defendant 2: 0. 10,00 won on September 1, 2008; 10. 10,000 won on August 29, 2008; 10,000 won on August 10, 2008; 20. 3. 0,000 won on June 2, 200, 30,000 won on December 22, 200, 200, 3. 10,00 won on December 22, 200, 200, 3. 10,000 won on August 1, 200, 200, 10,00 won on August 1, 200, 200; 10,00 won on August 1, 200, 200;

C. On October 21, 2008 and October 22, 2008, the Defendant is the person who is the former Defendant to pay KRW 10,000,000 borrowed from the Plaintiff to the national bank account in the name of the Plaintiff in the Daegu Bank Deposit Account in the name of the Defendant (the sequence 1, 4 in the table 2 above).

On October 31, 2013, the Defendant applied for a payment order of KRW 115,00,000 (hereinafter “the instant payment order”) against the Plaintiff for the payment order, excluding KRW 20,000,000,000,000 for the remainder of KRW 115,000,000 (hereinafter “the instant payment order”), and on November 4, 2013, the obligor’s payment order of KRW 115,00,000 against the obligee and the original copy of the instant payment order against the obligee.