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(영문) 서울서부지방법원 2016.06.14 2015가단219422
대여금
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who operated “D”, and Defendant B is the Plaintiff’s seat, and Defendant C was the spouse of Defendant B.

B. From May 28, 2010 to March 2, 2012, the Plaintiff wired or delivered to the person indicated in the “person” column in the following table the amount stated in the “amount” column as of the date indicated in the following table (i.e., total amount of KRW 81,180,000 (= KRW 38,800,000 KRW 42,180,000).

(1) The amount transferred from the Plaintiff’s new bank account in C C C C C C C C C C C C C C C C C C F2) to the Plaintiff’s agricultural bank account in C C C C C C C C B B G H3 (U) and the purport of the entire pleadings and arguments as follows.

2. The parties' assertion

A. The payment amount of the Plaintiff is either transferred to the Defendant C’s account or transferred to a person designated by the Defendants, or issued as a check to the Defendants.

The plaintiff paid the money of this case by the above method upon the request of the defendants to lend money to the defendants for living expenses, etc. since this is a loan to the defendants, the defendants are jointly and severally liable to pay the above money of 81,180,000 won and damages for delay.

B. Defendants 1) The instant payment amount is not borrowed from the Plaintiff, but is paid with investment funds, fees, work expenses, etc. (2) The Plaintiff transferred 25,00,000 won to Defendant C’s account on September 30, 2010 to Defendant C’s account, which the Plaintiff had been employed prior to Defendant B’s towing, as an intermediary for concluding a rental agreement between “I” and J and received as such fees.

3) The Plaintiff’s transfer of KRW 10,00,00 to F’s account on August 12, 201, and KRW 24,00,000 paid as a check to the Defendants on June 16, 2011 is the amount invested by each Plaintiff in Defendant B’s “K” magazine business. 4) The Plaintiff on August 17, 201.

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