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(영문) 대전지방법원 2020.09.10 2019가합109791
대여금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant became aware of around February 2006, and thereafter, they were in a separate state of relationship.

B. From July 4, 2006 to November 27, 2009, KRW 621,582,998 was transferred from the Plaintiff’s account under the Plaintiff’s name to the Defendant’s name 113 times.

From December 4, 2006 to October 21, 2009, the sum of 368,360,423 won was transferred from the Defendant’s account to the Plaintiff’s account in the name of 58 times.

C. The Plaintiff filed a criminal charge with the Defendant that “A person who did not have the intent or ability to complete payment even if he/she borrowed money, and received total of KRW 708,637,235 from the Plaintiff over 105 times,” but the Daejeon District Prosecutors’ Office rendered a decision on June 15, 2012 on the ground that “the materials submitted by the Plaintiff are insufficient to recognize the Defendant’s intentional fraud” (Evidence of Evidence) was not suspected.

(B) On the other hand, the Plaintiff filed a complaint with the Defendant to the effect that “The Plaintiff, even if he/she borrowed money, would have no intention or ability to deny and divorced from the use of money, and would transfer real estate under the name of the Defendant to the Plaintiff or to repay the money.” However, on February 18, 2016, the Daejeon District Prosecutors’ Office decided to dismiss the Defendant on the ground that “the instant case is the same case as that of the Daejeon District Prosecutors’ Office, the Daejeon District Prosecutors’ Office, which received a non-prosecution disposition upon filing a complaint against the Defendant and received a non-prosecution disposition, and there is no new evidence.”

(No. 38498). [Grounds for recognition] of the Daejeon District Prosecutors' Office, No. 1-4, No. 4, No. 4, and the purport of the whole pleadings

2. The parties' assertion

A. Although the Plaintiff, who had a relationship with the Plaintiff, lent to the Defendant a total of KRW 621,582,998 from July 4, 2006 to November 27, 2009, the Defendant repaid only KRW 368,360,423 to the Plaintiff.

The defendant is obligated to pay the remaining 253,22,575 won (=621,582,998 won-368,360,423) to the plaintiff and its delay damages.

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