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(영문) 서울동부지방법원 2014.12.12 2014가단111932
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 fact that the sum of KRW 15 million, Nov. 7, 2008, and KRW 25 million, as the sum of KRW 5 million on February 26, 2009, from the Korean bank C account under the name of the Plaintiff, was transferred to the Defendant’s account (hereinafter “each of the instant transfers”).

The Defendant asserted that the Plaintiff lent KRW 150 million to the Plaintiff on July 31, 2007, and there is insufficient evidence to acknowledge that the Defendant lent the Plaintiff to the Plaintiff, not D, on September 5, 2014, on the ground of the civil litigation instituted on February 24, 2014 (this Court 2014Gahap2141 Loans).

[Reasons for Recognition] The fact that there is no dispute, the fact that there is a significant fact in this court, the entry of Gap 1 and 6 evidence, the purport of the whole pleadings.

2. The plaintiff asserts that each of the funds in this case is loans to the defendant and sought the return thereof (the plaintiff stated "the amount of KRW 15,00,000 on April 23, 2008" in the cause of the claim is "the amount of KRW 15,00,000,000". The defendant asserts that each of the funds in this case is not loans to the defendant, but the amount of KRW 15,00,000 which was loaned to the plaintiff on July 31, 2007. On March 3, 200, it is insufficient to recognize that each of the funds in this case is loans to the defendant, and there is no other evidence to acknowledge that each of the funds in this case was loans to the defendant, and that the funds in this case was transferred to the plaintiff on April 23, 2008, KRW 15,000,000.

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