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(영문) 인천지방법원 2014.10.29 2013가합18307
대여금
Text

1. The plaintiff's lawsuit against defendant C is dismissed.

2. The plaintiff's claim against defendant B.

Reasons

1. Basic facts

A. From the corporate bank account (Account Number: E) of “D” where the business registration has been completed under the Plaintiff’s name, the total sum of KRW 400 million was transferred from June 15, 2012 to Defendant B bank account, KRW 100 million on June 18, 2012, and KRW 400 million on June 18, 2012.

B. The Plaintiff received KRW 200 million from G operating “F” to account transfer on July 3, 2012, and KRW 180 million on July 10, 2012, and KRW 200 million on July 10, 2012. ② Around that time, the Plaintiff received KRW 100 million from G operating “H”; ③ from Defendant C, KRW 5 million on July 20, 2012, KRW 50 million on July 26, 2012, KRW 50 million, and KRW 10 million on October 31, 2012 from Defendant B.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, witness J's partial testimony, purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) against Defendant B: (a) the Plaintiff loaned KRW 400 million to Defendant B on June 15, 2012; (b) KRW 300 million on June 18, 2012; (c) the “F” and “H” directly pay to the Plaintiff the contract deposit to be paid to Defendant B; (d) the Plaintiff received KRW 100 million on July 3, 2012 from Defendant B by account transfer; and (e) around that time, the Plaintiff received KRW 30 billion from Defendant B’s transaction partner; and (e) the Plaintiff was merely obligated to receive KRW 100 million on October 31, 2012, KRW 310 million from Defendant B, which was paid to the Plaintiff with KRW 400 million on account transfer (i.e., KRW 40 billion, KRW 400,000,000,0000,000,000 from Defendant B’s account transfer; and (e) the Plaintiff is obligated to receive KRW 100 billion.

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