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(영문) 인천지방법원부천지원 2017.07.06 2016가단27247
손해배상(기) 등
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

The fact that the Defendant and the Appointed Party A (hereinafter referred to as the “Plaintiff”) and the Appointed Party A (hereinafter referred to as the “Plaintiff”) remitted each amount of KRW 33,600,000 on August 10, 2016 and KRW 35,000,000 on October 5, 2016 by the Selected Party C is not a dispute between the parties.

The Plaintiff asserts that the above remittance amount is each loan to the Defendant of the Plaintiff and the Selection C, and the Plaintiff seeks payment of KRW 33,600,000 remaining after deducting the already paid KRW 3,60,000, and KRW 23,400,000 remaining after deducting the already paid KRW 11,60,000.

In light of the following facts: (a) the details of remittance in the Plaintiff’s account transfer statement: (b) the Defendant used remittance amount as “Binvestment”; (c) the Defendant informed the Plaintiff and the Selection C of exchange rate information and investment situation, such as exchange rate announcement price; and (d) there is no agreement between the Defendant and the Plaintiff and the Selection C, or there was no loan certificate; and (c) there is insufficient evidence to acknowledge that each remittance amount of the above remittance amount of the Plaintiff and the Selection C is a loan to the Defendant; and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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