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(영문) 광주지방법원 2018.11.29 2017가합60418
대여금
Text

1. The Defendant: (a) 20,000,000 won to Plaintiff C and 5% per annum from December 30, 2017 to November 29, 2018; and (b).

Reasons

Basic Facts

The defendant is a company running the landscaping construction business, and F is the actual representative of the defendant.

Plaintiff

G, a mother of A and B, has completed a marriage report with F on June 17, 2015 and became a legal couple.

G was appointed on June 8, 2015 by the defendant's representative director, and was dismissed on December 19, 2017.

G filed a divorce lawsuit against F on December 12, 2017 against F, and divorced from F on July 14, 2018.

Plaintiff

C is the friendship of Plaintiff B.

[Ground] In light of the facts without dispute, the entries in the evidence Nos. 3, 4, and 25, and the purport of the entire argument, Plaintiff A’s claim as to the entire purport of the argument that Plaintiff A lent KRW 135,00,000 to the Defendant on July 20, 2015, the Plaintiff sought payment of KRW 135,00,000, and thus, according to the evidence No. 1, Plaintiff A’s deposit of KRW 135,00,00 with the Defendant’s account on July 20, 2015.

However, in full view of the purport of the argument as a result of this court’s order to submit financial transaction information to the Gwangju-dong post office, it is not sufficient to recognize that Plaintiff A lent KRW 135,000,000 to the Defendant on July 14, 2015, by means of a check. The Plaintiff A received the said KRW 135,00,000 via G, and there is no dispute between the parties, and the following circumstances revealed through the entire purport of the pleading. In addition to the above facts, the Plaintiff A deposited KRW 135,00,000 to the Defendant’s account under the name of the Defendant, solely based on the fact that Plaintiff A deposited KRW 135,00,000,000 in total, there is no evidence to acknowledge otherwise.

Therefore, the plaintiff A's claim is without merit.

① Plaintiff A appears to have deposited KRW 135,00,000 received from F through G in the account under the name of the Defendant. At the time, Plaintiff A was not holding a claim against F or Defendant.

② The Plaintiff A received KRW 135,00,000 from F through G, and then received KRW 135,00,000 in the account under the Defendant’s name.

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