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(영문) 수원지방법원 2015.07.14 2015가단14491
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 1, 201, the Plaintiff deposited KRW 60,000,000 in C’s account (including the name of the Defendant in the column), KRW 20,000,000 on December 22, 2011 into D account, and KRW 80,000,000 on January 2, 201 to D account, respectively.

B. On November 23, 2011, the Defendant filed an application for individual rehabilitation with the Seoul Central District Court on January 3, 201, and is currently under the individual rehabilitation procedure upon the commencement order of individual rehabilitation on January 3, 2012.

For the defendant's individual rehabilitation, the plaintiff prepared and issued a certificate of employment (Evidence B 2-1), E Benefit Statement (Evidence B-2-2), and a written confirmation of retirement allowance (Evidence B-2-3) to the defendant.

Grounds for Recognition: Facts without dispute, Gap evidence 1-1, 2, 3, Eul evidence 1-2, Eul evidence 2-1, 2, 3, Eul evidence 3, 4, 5, and the purport of the whole pleadings

2. The allegations by the parties and the plaintiff on this determination shall be the defendant 1-A.

The defendant asserts that he agreed to pay interest, but without the due date, lent the money to the defendant, and that the defendant wants to make an investment with the statement that the plaintiff would make a good investment from the defendant and that he would also make an investment.

The claim is that it was deposited like the port entry.

In order to lend money to the defendant, the plaintiff 1-A.

With respect to the payment of each amount of money listed in paragraph (1), there is no evidence to acknowledge it in addition to the result of the plaintiff's personal examination that was not employed by a member, and 1-A of the defendant who was the plaintiff in the individual rehabilitation procedure.

The plaintiff's above assertion cannot be accepted as it seems that the money, such as the statement, was lent.

3. The plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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