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(영문) 수원지방법원 평택지원 2018.03.22 2016가단14633
대여금 등
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. The Defendant prepared three loan certificates to the Plaintiff as indicated in the following table:

(1) On December 21, 2008, 200: (a) 15,00,000 A-1 on December 26, 2007; (b) 1-20,000 on January 26, 2008; (c) 1-20,00 on December 28, 207; (d) 1-23, 200 on January 28, 207; (e) 0. 1-3,00,000 on January 28, 200, 200, 1-3,00, 50, 1-3,00, 50, 1-3,000, 1-3,00, 200, 1-3,000, 30, 208; and (e) 1-3, 200, 205, 2008

B. The details of money transferred from the account of the defendant or defendant parent C to the plaintiff are as listed in the following table:

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 1 and 2, each of the statements (including additional numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties' assertion 1) The defendant, who operates the Plaintiff’s corporate bond business, promised to pay the Plaintiff a profit by allocating interest, and agreed to pay the Plaintiff a monetary transaction with one another by lending money from around December 2007. From January 2008 after the preparation of each of the loan certificates of this case, the Plaintiff received cash without a loan certificate. The Plaintiff extended a total of KRW 10 million to the Defendant, and the amount is KRW 60,340,000,000,000,0000,000 won for the principal which has not been recovered. Since the amount exceeding the loans of this case were not repaid under each of the loan certificates of this case, the Defendant is obligated to return the loan to the Plaintiff based on each of the loan certificates of this case. (2) Although the Defendant borrowed a total of KRW 57,00,000 from the Plaintiff according to each of the loan certificates of this case, there is no additional

The defendant shall pay 44,420,000 won to the account after preparing each of the loans in this case.

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