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(영문) 수원지방법원평택지원 2015.06.19 2014가합3285
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion, at the beginning of February 2012, agreed to lend the amount of interest on the third part of a month to C, paid KRW 120 million in total to the Defendant’s account, which is a punishment, upon C’s request, and received interest on the third part of a month on the above amount through the Defendant’s account. The Defendant borrowed the above amount from C along with C.

Therefore, the defendant is obligated to pay to the plaintiff KRW 120 million and damages for delay.

2. According to each of the statements in Gap evidence Nos. 1-1-4, and evidence Nos. 2-1 through 4-4, the plaintiff deposited KRW 60 million with the account under the name of the defendant on February 3, 2012, KRW 40 million on February 10, 2012, KRW 120 million on April 12, 2012, and KRW 120 million on April 12, 2012, from the account under the name of the defendant to the plaintiff’s account.

3. 30. Each KRW 3 million, April 30, 2012;

6.1.1.

6.30.7 31.

8. The fact that each 3.6 million won was deposited around 31.31., 10.31., 12.7. and 15.1.20,000 won is recognized.

However, the above facts alone leased KRW 120 million to the Defendant.

It is insufficient to recognize that there was an agreement between the Plaintiff and the Defendant for a loan for consumption on the above money, and there is no other evidence to acknowledge it.

Rather, comprehensively taking account of the respective descriptions and arguments stated in subparagraphs 3 through 5 above, C borrowed money from the Plaintiff, but only it appears that the transaction was made through the account in the name of the Defendant.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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