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(영문) 부산지방법원 2016.10.18 2016가단321776
대여금
Text

1. As to KRW 27,870,00 and KRW 27,000 among them, the Defendant shall pay to the Plaintiff the year from March 23, 2010 to June 20, 2016.

Reasons

1. Facts of recognition;

A. On July 17, 2008, the Plaintiff issued two cashier’s checks of KRW 10 million at the post office time deposit with the maturity of KRW 60 million.

B. On September 19, 2012, the Defendant, who had a friendly relationship with the Plaintiff, completed the share transfer registration on the portion of D 40,264 square meters out of D forest 40,264 square meters, which was owned by C on September 19, 2012. C’s husband E presented two copies of the above cashier’s check to the luminous branch of the National Bank.

C. From August 19, 2008 to January 20, 2009, the Defendant’s husband transferred KRW 250,000 per month from August 19, 2008 to the Plaintiff’s account. The Plaintiff transferred KRW 2 million to F account on January 15, 2009, the following month from February 2009 to October 2009 (However, KRW 300,00 was remitted on February 2, 2009, and not remitted on July 2009). The money was remitted each month from February 2, 2009 to KRW 270,000 per month.

[Ground of recognition] Gap evidence Nos. 1 through 3 (including paper numbers), Eul evidence Nos. 5, and the court's response to the submission of financial transaction information to the National Bank of this case, the results of inquiry into the heading 2 Dong community service center, and the purport of the whole pleadings

2. On July 17, 2008, the Plaintiff asserted that, while lending KRW 25 million to the Defendant for investment in the prospective site for the Styang New Airport, the Plaintiff paid KRW 10 million cashier’s checks, and KRW 5 million in cash, the Plaintiff was presented by C’s husband E who sold the shares in the forest located in Pyang City immediately after the issuance of two copies of the cashier’s checks issued by the Plaintiff, and the Plaintiff did not seem to have any other reasons for issuance other than lending to the Defendant at the time of issuing the cashier’s checks.

In addition, from August 2008 to October 2009, from the defendant's husband's account in F's name to the plaintiff's account, the details remitted from the defendant's account in F's husband to the plaintiff's account are additionally lent 2 million won to the defendant on January 15, 2009, and the amount of loans is calculated by the rate of 1% per month.

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