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Reasons
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(영문) 수원지방법원안양지원 2015.09.25 2014가합103645
대여금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s basic facts are as follows: (a) 10 million won on January 28, 2014; (b) the Defendant’s corporate bank account (Account Number C); and (c) the same year.

1. 40,000 won, and the same year;

2. 12.10 million won, and the same year.

2. 13. 3 million won, and the same year.

2. 17.17.10 million won was remitted to each other.

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 1

2. Determination as to the cause of claim

A. The Plaintiff’s intent to repay from January 28, 2014 to May 2014 to the same year by the Defendant.

2. The defendant asserts that he lent a total of KRW 200 million to the defendant by the 17th day, and the defendant asserts that the above KRW 200 million was only remitted to the plaintiff to make an investment through the defendant, and that there was no fact of borrowing money from the plaintiff.

B. It is not sufficient to recognize that the Plaintiff lent the above KRW 200 million to the Defendant solely on the basis of the evidence evidence Nos. 1 and 2, and there is no other evidence to acknowledge it.

Rather, the following facts revealed by the purport of each of the statements and arguments in the evidence Nos. 1 through 3, 6, 12, and 13 as well as the whole purport of the pleading, namely, ① the above KRW 200 million, which the Plaintiff remitted to the Defendant, was remitted to D on or around the date of remitting the money to the Defendant, ② the Plaintiff wired KRW 100 million to D on June 8, 2012, the Defendant wired the above KRW 100 million to D on the same day, the Defendant wired the money to D on March 4, 2013, and again remitted KRW 100 million to the Plaintiff on March 4, 2013, ③ the Plaintiff transferred KRW 13 million to the Defendant on March 6, 2013, and the same year.

3.7.27 million won, and the same year.

5.2.2. The defendant remitted 50 million won to D's wife E on the same day and around that time, and the same year.

9. 24. The same year by combining 40,00 won, etc. remitted from D;

9. 25.5 million won, 10 million won on October 18 of the same year, 10 million won on October 21 of the same year, 210,000 won on October 25 of the same year, and 35 million won on October 25 of the same year, respectively, were remitted to each Plaintiff. ④ The Defendant drafted a notarized deed on behalf of F on February 7, 2014 that D borrowed KRW 200 million from F.

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