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(영문) 대구지방법원서부지원 2015.02.04 2013가단28623
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. From January 19, 2004 to June 11, 2004, the Plaintiff remitted KRW 30,3030,000 to the account of the Defendant’s wife, and withdrawn KRW 94,90,000 by cashier’s checks.

B. From Jan. 2004 to Jun. 2004, the Defendant borrowed money from the Plaintiff while operating D’s LAB, and around Sep. 2004 or around Oct. 10, 2004, the Defendant borrowed 60 million won as the Plaintiff’s mother E as the creditor on Mar. 15, 2004. Thus, from Oct. 15, 2004 to Oct. 15, 2004, the Defendant drafted a certificate of borrowing KRW 1,50,000,000, plus 300,000 won per annum as the principal and 6% per annum (hereinafter “the instant loan certificate”).

C. From October 15, 2004 to January 21, 2010, the Defendant remitted the sum of KRW 52.5 million from the Defendant’s transfer account to the said E account, as shown in No. 1, 2, and 49 of the remittance statement, from the Defendant’s transfer of KRW 52.5 million from the said F’s transfer to the Plaintiff’s account. From November 30, 2004 to the Plaintiff’s transfer of KRW 20 million from the said F’s account.

From March 13, 2006 to January 18, 2007, the Plaintiff transferred KRW 5750,000 to G’s account once.

In addition, the Defendant transferred from G’s account to the Plaintiff’s account, KRW 3.5 million on June 5, 2009, KRW 1.5 million on August 6, 2009, KRW 1.5 million on January 18, 2010, KRW 3 million on February 8, 2010, KRW 1.6 million on February 27, 2012, KRW 1 million on February 27, 2012, and KRW 2 million on January 23, 2013, respectively, to the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap 1 through 5, 10 through 12 (including those with serial numbers; hereinafter the same shall apply), Eul 2 and 3, the purport of the whole pleadings

2. Determination

A. According to the judgment on the cause of the claim 1, the above facts revealed that the Plaintiff’s transfer of KRW 30 million to the account of C and part of KRW 94.9 million of cashier’s checks withdrawn by the Plaintiff were borrowed from the Plaintiff, and the Defendant borrowed KRW 60 million from the Plaintiff. However, the method of repayment was paid KRW 1.5 million each month from October 15, 2004, and KRW 1.2 million among them was appropriated to the principal, and the remainder of KRW 300,000.

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