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(영문) 울산지방법원 2017.06.14 2017나568
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The parties' assertion

A. The Plaintiff borrowed KRW 1,50,000 to the Defendant on January 27, 2014, KRW 1,000,000, and KRW 1,000,00 on March 31, 2014, and KRW 1,00,000 on May 8, 2014. The Plaintiff wired KRW 900,000 on October 4, 2013, KRW 1,000,00 on November 12, 2013, KRW 50,000 on January 27, 2014, KRW 1,000,00 on February 24, 2014, KRW 1,000 on a loan account under the name of the Defendant bank account in the name of 0,00,00 on a loan account in the name of 0,000,00 on March 10, 201 under the name of the Defendant bank account.

Therefore, the defendant is obligated to pay to the plaintiff the total amount of the above loans KRW 9,900,000 and damages for delay.

B. The plaintiff did not lend the above money to the defendant who was in an internal relationship with the defendant.

2. Determination

A. Comprehensively taking account of the overall purport of evidence Nos. 1, 3, and 4 as well as the entire arguments, ① the Plaintiff remitted KRW 1,500,000 to the Defendant on January 27, 2014, and KRW 1,000,000 on March 31, 2014; ② the Defendant prepared and delivered a loan certificate on the above money on January 27, 2014 and March 31, 2014; ③ the Defendant prepared and delivered a receipt stating the receipt receipt receipt received KRW 1,00,000 on May 8, 2014; ④ the Defendant sent a text message to the Plaintiff on February 26, 2017, which was issued by the first instance court, to the effect that the Defendant repaid the Plaintiff’s claim amount cited in the first instance judgment; and each of the above facts acknowledged as follows: (i) the Plaintiff sent a loan to the Defendant on March 31, 2014; and (ii) the Plaintiff was deemed as having been given the above recognition.

B. Furthermore, the Plaintiff asserts that the sum of KRW 1,400,000, which was transferred from the Plaintiff’s bank account to the Defendant’s name bank account, and KRW 6,400,000, which was transferred from the bank account under the name of the Defendant to the Defendant’s name bank account, was also lent to the Defendant. Accordingly, according to each of the evidence Nos. 2 and 3, the Plaintiff’s assertion that the Plaintiff was also lent to the Defendant.

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