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(영문) 대전지방법원서산지원 2014.01.16 2013가합255
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. On the premise, the Plaintiff’s factual relations amounting to KRW 30,000,00 on February 28, 2003, with Defendant B’s Suhyup account (Account Number D; hereinafter “First Account”); the same year

3.3. 20,000,000 won, and 100,000,000 won each from Defendant B’s Suhyup account (Account Number E; hereinafter “Second Account”) on November 4 of the same year.

[Ground for recognition] Unsatisfy

2. Determination as to the claim against the main defendant B

A. The plaintiff's assertion 1) The plaintiff primarily and primarily used the defendant Eul's account when making a transaction with the defendant Eul, and the defendant Eul's account when making a transaction with the defendant Eul, and each of the above amounts was leased to the defendant Eul as land purchase price. The defendant Eul is obligated to pay the plaintiff the sum of the above loan amount of KRW 150,000,000 and interest or delay damages. The defendant Eul did not borrow money from the plaintiff. The defendant Eul did not have borrowed money from the plaintiff. The defendant Eul used each of the above accounts under the defendant Eul's name because the defendant Eul's husband in the transaction with the plaintiff could not use the account under his own name. The plaintiff Eul borrowed the sum of KRW 150,00,000 from the plaintiff and received it from the above accounts.

B. In full view of the statements in Gap evidence Nos. 2 and 3, Gap evidence Nos. 4-1 through 3, Gap evidence Nos. 5-1 through 5, Gap evidence Nos. 7-1 and 2, the plaintiff's whole purport of the pleadings is as follows: 20,000 won on Jan. 13, 2003; 40,000,000 won on Jan. 27, 200; 28.1,00,000,000 won on the same month; and

8. On September 20, 200,000 won from Defendant B’s Suhyup account (Account Number F; hereinafter “third account”) and on September 20, 2006, deposited KRW 2,500,000 with Defendant B’s Suhyup account (Account Number G). The Plaintiff deposited KRW 15,00,000 with Defendant C’s Suhyup account (Account Number H) on November 15, 2003; and the Plaintiff’s account was KRW 20,000,000 on May 24, 2005;

2. 10,000,000 won, and the same month; and

9. A deposit of KRW 10,00,000, and KRW 4,000,000 each on October 31, 2006;

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