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(영문) 광주지방법원 2016.01.07 2015가합57586
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff was founded and operated by the company C, and the defendant is the vice president of the company D (hereinafter referred to as "D") and the research institute. The plaintiff supplied equipment to D and so there is a transaction relation between the plaintiff and D.

B. From January 11, 2005 to January 23, 2006, the Plaintiff transferred a total of KRW 208,080,000 as shown in the separate sheet to the Defendant’s account (or Mine Bank F) through the Plaintiff, E, C, etc.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is as follows: (a) the Plaintiff transferred total of KRW 201,345,000 over 16 times to the Defendant’s Gwangju Bank FF account; and (b) the Plaintiff lent it to the Defendant; (c) so, the Defendant is obliged to refund the Plaintiff the above KRW 201,345,00 and the damages for delay

On January 11, 2005, 10,000, 200 on January 11, 2005; 3.5,000 on February 25, 2005; 3,000, 3,000 on March 18, 2005; 12,00,00 on March 23, 205; 16,00,00 on March 16, 205; 16,00 on March 25, 200, 16,00 on March 16, 205; 16,00,00 on July 25, 200, 2005; 16,00 on April 15, 200, 2005; 7,000 on May 13, 2005;

3. Determination

A. Even if there is no dispute as to the fact that there is the receipt of money between the parties to the relevant legal principles, the cause that the Plaintiff received is a loan for consumption, and if the defendant asserts that it was received due to a loan for consumption, the plaintiff is responsible to prove that it was received due

(See Supreme Court Decision 72Da221 delivered on December 12, 1972, etc.). B.

The judgment on the instant case was examined, and the Plaintiff transferred KRW 1,265,000 to the Defendant’s Financial Account on September 26, 2005, including the Plaintiff’s transfer of KRW 1,265,000 to the Defendant’s Gwangju Bank F Account as shown in the separate sheet from January 11, 2005 to January 23, 2006.

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