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(영문) 서울북부지방법원 2015.01.08 2014가단22984
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. The plaintiff's assertion that if the defendant lent money to the plaintiff as security for 200 c C C C C C C C C C C C C C C C C C C C C C C C C C C ( Incorporated Association D) with the above money used as expenses, E is able to repay 50% interest or loan within one month to the plaintiff's loan, and the plaintiff can pay 50% interest or loan within one month. Accordingly, the plaintiff borrowed 33 million won in total to the defendant by transferring money to the defendant's ancillary F and E's account designated by the defendant. Thus, the defendant is obligated to pay the above loan to the plaintiff.

B. According to the overall purport of the statements and arguments by Gap evidence Nos. 1-1, 2, and 3 as to whether the plaintiff lent KRW 33 million to the defendant, the plaintiff transferred KRW 21 million to the defendant's children F's bank account on June 10, 2010, and thereafter, transferred KRW 30 million to E's bank account on June 18, 2010, KRW 5 million on June 21, 2010, KRW 1 million on June 28, 2010, and KRW 200,000 on June 29, 2010 (the plaintiff asserts that the plaintiff additionally remitted KRW 1 million from the plaintiff's agricultural bank account on June 29, 2010).

However, according to the whole purport of the above evidence and evidence Nos. 1, 2, 3, and 1 through 4 of the evidence Nos. 2-1, 2, 3, and 1 through 4, witness G, and H’s testimony and arguments, the Plaintiff received a certificate of right to permanent use of a charnel house from E as collateral for the lending of the above money, and the Plaintiff wired 21 million won to the Defendant’s child F’s account on June 17, 2010, but, in addition to the above money, remitted 10 million won to the Defendant’s child F’s account on June 17, 2010, it was returned from the following day (the Plaintiff stated the claim amount as KRW 43 million in the original complaint, but thereafter reduced the above KRW 10 million), the other money was directly remitted to E, and the Plaintiff delegated the Defendant’s criminal and criminal procedures to E on July 14, 2010.

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