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(영문) 수원지방법원안양지원 2014.06.19 2013가단25512
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Determination as to the claim against Defendant C

A. The Plaintiff’s assertion that Defendant C promised to grant a loan to the Plaintiff via his mother D with a promise to grant a certain number of days at the end, and that, if the Plaintiff borrowed a KRW 10 million, the Plaintiff would have paid a full payment three months thereafter. As the Plaintiff lent a KRW 10 million to Defendant C on December 8, 2010, Defendant C is obligated to pay the Plaintiff the said loan amounting to KRW 10 million and the delayed payment damages from March 9, 201.

B. 1) In addition to the purport of the entire pleadings, the Plaintiff may recognize the fact that the Plaintiff remitted KRW 10 million from the account under the name of the wife to the Defendant’s new bank account. However, upon considering the overall purport of the pleadings on December 2, 2010, the Plaintiff transferred KRW 9.7 million to the Defendant’s account under the Plaintiff’s name of the Plaintiff’s wife (“Defendant”) on December 2, 2010, when adding the entire purport of the pleadings, the Plaintiff transferred KRW 1.7 million to the Defendant’s new bank account under the Plaintiff’s name of the Plaintiff’s wife. In short, there is no room to deem that the Plaintiff transferred KRW 1,000,000 to the Defendant on December 8, 2010, as otherwise alleged by the Defendants, to the Plaintiff’s money transfer to the Defendant’s account under the Plaintiff’s name of KRW 9.7 million to the Plaintiff.

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