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(영문) 대구지방법원 2015.11.13 2015가단15174
대여금
Text

1. The Defendant’s KRW 50,000,000 as well as the Plaintiff’s annual 30% from October 10, 2013 to July 14, 2014, and the following.

Reasons

1. Facts of recognition;

A. According to the record on September 9, 2013, the date on which the Plaintiff leased money to the Defendant, as stated in the evidence No. 1 (Evidence) No. 1-1, September 2, 2013, and the record on the evidence No. 2-1, the date on which the Plaintiff transferred KRW 50,000,000 to the Defendant from the Korean Investment Securities Account in the Plaintiff’s name, can be recognized as having been September 2, 2013. Thus, the date of lease is deemed as September 2, 2013.

A person who lends 50,00,000 won to the defendant shall be deemed to be a person.

Compared to this, evidence of evidence A contains one (use) evidence of 1.

Although the Defendant alleged in the above loan certificate that the obligee was the Plaintiff, the actual lender was the Plaintiff at the time of the Plaintiff. In light of the following facts and circumstances, it is reasonable to view that the Defendant lent KRW 50,000,000 to the Defendant on September 2, 2013 as the Plaintiff as the description of the above loan certificate.

In other words, comprehensively taking account of the overall purport of the statements and arguments set forth in Gap evidence 2, 3, and 4-12 as well as the whole purport of the plaintiff's statements and arguments, the plaintiff and his children (hereinafter referred to as "D, the plaintiff, Eul, and Eul et al.") filed a claim for damages against Sung Machinery Co., Ltd. (Tgu District Court 2012Gadan16404) against D et al., the decision of recommending reconciliation that the above company shall pay 60,000 won in total to D et al., and the transfer of KRW 56,70,000 to the Daegu Bank in the name of the plaintiff as new law firm representing D et al. in the above case, the plaintiff transferred KRW 56,70,000 to the above bank account under the name of the plaintiff, and the transfer of KRW 56,00,000 to the Korea Securities Bank account on August 28, 2013, the plaintiff transferred KRW 600,5008.8

According to the above facts, the money raised to the defendant on September 2, 2013 was raised as damages caused by the plaintiff's industrial accident.

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