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(영문) 부산지방법원 2016.11.22 2015가단30134
대여금
Text

1. The Defendant’s KRW 3,320,00 for the Plaintiff and 5% per annum from June 17, 2015 to November 22, 2016.

Reasons

1. Basic facts

A. From February 2011, the Plaintiff transferred the total amount of KRW 25.4 million to the Defendant and the Defendant’s branch as indicated in the following remittance table.

8. The amount of 1.0 20. 4. 4. 1, 200 0. 1, 200 13. 1, 200 13, 2012. 24. 2, 500 14. 8. 10, 200 3. 16. 2,000 ,00 ,00 ,00 ; 15. 2,00 ,00 ,00 ; 15. 2, 208 , 20. 40, 200 ,40, 200 ,00 , 5,00 ,00 , 5,00 ,00 , 5,00 , 130, 201 ;

B. The Plaintiff filed a complaint with the Defendant as a loan fraud, and the Defendant was indicted with Busan District Court 2015Kadan5051. The gist of the facts charged is that, even if the Defendant borrowed money from the Plaintiff, deceiving the Plaintiff without any intent or ability to repay the money, and 23 times the sum of KRW 25 million (one million in comparison with the remittance sheet) was excluded from the sum of KRW 1,5 million (one million in comparison with the remittance sheet) on August 19, 201, and the defrauded was obtained on October 19, 201.

C. On April 20, 2016, the above court acquitted the Plaintiff on the grounds that, without an intention to clearly return the money prosecuted by the Plaintiff in the intent to marry with the Defendant, it cannot be ruled out that the Plaintiff and the Defendant were included in the money prosecuted in the process of exchanging gift or money.

Meanwhile, the Defendant recognized that, among those prosecuted in the course of investigation, transfer of KRW 25 million, KRW 5 million, KRW 11 (5 million), KRW 12 (1.5 million), KRW 18 (1.4 million), and KRW 8,400,000,000, including KRW 1.4 million on October 19, 201.

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's statement of remittance.

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