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(영문) 춘천지방법원 2018.04.11 2016나1469
대여금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. Plaintiff’s assertion 1) around August 25, 2013, the Plaintiff lent KRW 5,000,000 to the Defendant respectively, and KRW 5,000,000 to the Defendant around March 14, 2014. (2) Although there is no loan certificate related to the lending on March 14, 2014, the Plaintiff transferred KRW 5,00,000 to D at the Defendant’s request.

D The above KRW 5,00,000, ① upon the Defendant’s request, transferred KRW 2,000,000 to E, ② withdrawn KRW 1,80,000 in cash, and ③ to the Plaintiff, the Defendant transferred KRW 1,00,000 to the Plaintiff, and ④ to the Defendant’s debt 20,000,000.

B. The Defendant’s assertion 1) merely borrowed KRW 5,00,000 from the Plaintiff on August 21, 2012, and KRW 5,000,000 on October 26, 2012, and KRW 1,000,00 on December 28, 2012, and did not borrow money from the Plaintiff on August 25, 2013 and March 14, 2014, with respect to the lending from the Plaintiff on August 25, 2013, the loan certificate drafted by the Defendant on August 26, 2012 from the Plaintiff on October 26, 2012 to the effect that the Plaintiff borrowed KRW 5,00,000 from the Plaintiff on October 26, 2012.

3. Regarding the loan of March 14, 2014, the Defendant requested D to transfer KRW 2,00,000 to E account and requested D to transfer it, but thereafter, it did not request D to transfer KRW 5,00,000 to D’s account, or received cash from D.

2. Determination

A. As of August 21, 2012, the Plaintiff and the Defendant drafted a certificate of borrowing money (hereinafter “certificate of borrowing money as of August 21, 2012”) with the purport that the Plaintiff paid KRW 5,00,000 to the Defendant on August 21, 2013 and KRW 250,000 (payment on August 21, 2012).

As of August 25, 2013, the Plaintiff prepared a certificate of borrowing money (hereinafter referred to as “certificate of borrowing money as of August 25, 2013”) with the content that the Plaintiff lent KRW 5,000,000 to the Defendant on August 25, 2013 due date for payment of interest KRW 250,000 (payment on August 25, 2013) (hereinafter referred to as “certificate of borrowing money”).

. The sender;

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