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(영문) 의정부지방법원 2015.04.10 2013가합253
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff asserts that C lent KRW 300,000,000 to the Defendant on August 19, 2009, and the Plaintiff acquired the loan claim of KRW 300,000,000 from C, and that the Defendant is obligated to pay the Plaintiff KRW 300,000,000 and damages for delay.

B. On September 2008, the defendant promised C to make an investment of KRW 200,00,000 to a company designated by C around six months, and the defendant provided C with KRW 200,000,000 under the name of investment deposit, but on August 19, 2009, he received a refund of KRW 300,000,000 from C with the investment principal and investment profit, and did not borrow money from C as alleged by the plaintiff. Thus, the defendant did not accept the plaintiff's claim.

2. Determination

A. As alleged by the Plaintiff, in light of the purport of the entire argument as to whether C lent KRW 300,00,000 to the Defendant as alleged by the Plaintiff, it is recognized that C transferred KRW 300,000,000 to the Defendant on August 19, 2009, as a whole, in view of the purport of the entire argument as to whether C lent KRW 300,000,000 to the Defendant, it is difficult to present materials to prove the fact of lending, such as the loan certificate, in addition to the details of financial transactions on the said money, and the Seoul Western District Court rendered February 13, 2015, “C returned KRW 300,000,000 to the Defendant on August 19, 200, C was deemed to be the Defendant’s investment principal and profit, and C was in the form of imprisonment with prison labor of KRW 300,000,000,000 for each of the above money to the Plaintiff.”

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