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(영문) 서울중앙지방법원 2021.01.28 2020가단19386
대여금 청구의 소
Text

1. Defendant E shall pay to the Plaintiff KRW 10,00,000 as well as 12% per annum from November 13, 2020 to the date of full payment.

Reasons

1. Determination as to the claim against Defendant C and D

A. The plaintiff's gist of the plaintiff's assertion is that the plaintiff operated a gold room on his paper.

F. He became aware of the couple of G and F.

F and G husband and wife (hereinafter referred to as “F, etc.”) process gold and make profits from the sale of the accident, and would pay such profits.

At the end, the Plaintiff was harsh, and the Plaintiff believed that the said F, etc. was known to the said F, etc., ① KRW 122,529 million in total from November 30, 2018 to July 3, 2019, ② KRW 500,000 on August 7, 2019, and KRW 10 million in total from August 9, 2019 to the Defendant D’s account.

Therefore, the above Defendants, who are in the name of the account holder that received money from the Plaintiff, are obligated to return the money that they received as above to the Plaintiff with the borrowed money or illegal gains.

B. The summary of the Defendant C and D’s assertion is between the Plaintiff and the Plaintiff, and there was no money transaction between the Plaintiff and the Plaintiff.

The money remitted by the Plaintiff to the said Defendants’ account in the name of the said Defendants is deemed only to have a passbook in the said Defendants’ name, and the said Defendants did not use the money that the Plaintiff remitted to the said Defendants’ account for personal use.

(c)

Judgment

According to the statement in the evidence No. 1-2 and No. 3, the Plaintiff transferred the total amount of KRW 68.5 million to the Defendant’s name account from November 30, 2018 to July 3, 2019 (the Plaintiff transferred the total amount of KRW 12,5290,000 to the Defendant’s name account during the aforesaid period).

However, according to the financial transaction details submitted by the Plaintiff as evidence No. 1-2, it is acknowledged that the Plaintiff remitted the total of KRW 68.5 million to Defendant C’s account during the above period, ② Defendant D’s account to Defendant D’s name in the amount of KRW 5 million on August 7, 2019, and KRW 10 million on August 9, 2019.

However, the plaintiff's claim against the above defendants is recognized.

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