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(영문) 서울서부지방법원 2017.09.05 2017나418
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff lent KRW 13 million to the Defendant and paid only KRW 9 million among them. As such, the Defendant is obligated to pay the Plaintiff the loan amounting to KRW 4 million and the damages for delay.

B. The Defendant’s assertion remitted KRW 13 million to the account opened in the name of the Defendant, but the above account was used by the Defendant’s husband C. As such, the above money was borrowed or invested by the Plaintiff, not the Defendant, and thus, the Defendant did not have the obligation to pay the said money to the Plaintiff.

2. In light of the following circumstances, Gap 1, Eul 2, and 4's overall purport of loans and arguments, namely, 3 million won in the account opened in the name of the defendant, and 13 million won in the name of the defendant on January 3, 2007, and 10 million won in the name of the defendant on January 11, 2007 (hereinafter "the loan of this case"), the loan of this case was transferred from the account opened in the name of the defendant on January 29, 2007, 10 million won in the name of the defendant on February 28, 2007, or 30 million won in the name of the defendant on May 3, 2007, or 30 million won in the name of the defendant on May 4, 200 in the name of the defendant on the loan of this case, it appears that the plaintiff was deposited in the name of the defendant on January 29, 200, 300 won in the name of the defendant on deposit.

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