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(영문) 창원지방법원 2015.01.20 2014가단1372
대여금
Text

1. The Defendant’s KRW 33,00,000 as well as 5% per annum from April 3, 2014 to January 20, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant were in a relationship between the Plaintiff and the Defendant: (a) the Plaintiff and the Defendant returned to high school time again on December 2009 and the date on which they met until May 2013.

B. The Plaintiff served in C, who received the interim settlement of retirement allowances, and deposited KRW 41,00,000 as retirement allowances of which the interim settlement was made on August 4, 2011, and presented the Plaintiff’s passbook and seal to the Defendant.

On August 4, 2011, the Defendant withdrawn the above KRW 41,000,000 from the passbook and seal in the Plaintiff’s name, and deposited it into the Defendant’s account.

C. On December 24, 201, the Defendant: (a) leased the amount of KRW 45,000,000 for lease deposit; (b) the amount of KRW 41,00,000 for lease deposit; and (c) the amount of KRW 41,00,000 for lease deposit.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. (1) The plaintiff asserts that he/she lent KRW 41,00,000 to the defendant, and the defendant asserts that he/she was donated to the plaintiff in relation to his/her relationship.

(2) In full view of the relationship between the Plaintiff and the Defendant known in the above facts of recognition, the size, source and place of use of the funds that the Plaintiff delivered to the Defendant, the circumstances after the termination of the relationship that could have been known in the items of evidence Nos. 2 and 4, the witness F’s testimony, and all other circumstances that could have been known in the party’s personal examination results against the Plaintiff and the Defendant, it is difficult to view that the Plaintiff was a donation of KRW 41,00,000 to the Defendant, and it is reasonable to view that the Plaintiff lent the above KRW 41,00,000 to

Therefore, the defendant must return to the plaintiff KRW 41,000,000.

B. (1) The defendant sent KRW 3,00,000 to G’s account, which is the Plaintiff’s work partner, at the plaintiff’s request on May 14, 2011, even though the defendant was not a donation by the plaintiff, and transferred KRW 5,00,000 to the plaintiff’s account on June 10, 2012, and thus, the defendant’s deduction from the above KRW 41,00,000 is 33.

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