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(영문) 대구지방법원포항지원 2014.07.10 2013가단896
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserts that the Plaintiff leased KRW 130,000,000 to the Defendant by fixing the interest rate of KRW 10% from June 28, 2010 to July 30, 2010. The Defendant asserted that upon C’s request, the Defendant only allowed C to use the Defendant’s passbook for the business, and that the Defendant did not borrow the said money from the Plaintiff.

2. According to the reasoning of the judgment below, Gap evidence Nos. 1-2, 2, 3, and Eul evidence Nos. 2, the plaintiff transferred a total of KRW 50,000,000 under the name of husband D and E to the agricultural cooperative bank account in the name of the defendant on June 16, 2010, but again transferred KRW 50,000 under the name of the defendant on June 16, 2010 to the defendant under the name of the plaintiff and his husband as the above passbook in the name of the defendant on June 28, 2010, the plaintiff transferred KRW 20,000,000 to the above passbook in the name of the defendant under the name of the plaintiff and his husband as the above passbook in the name of the defendant on June 20, 200; KRW 20,000,000 on June 30, 200; and KRW 30,700, Jul. 27, 2010.

However, according to the above evidence, witness C and I's testimony, the plaintiff has been making a lot of money transactions with C prior to his business. The plaintiff received interest of KRW 50,000,000 from June 7, 2010 under the name of "J" operated by C. The plaintiff has transferred money to the head of Tong under the name of the defendant as above upon C's request. The defendant, on June 28, 2010, transferred money of KRW 20,000,000 transferred from the plaintiff's side to the account immediately on the day, on the day when the plaintiff transferred money to K on June 30, 2010, on the day when the plaintiff transferred money to the plaintiff's side, on the day when the money was transferred to the plaintiff's 20,000,000,000 won on the day when the plaintiff transferred money from the plaintiff to G on July 20, 200, on the day when the plaintiff was transferred to the plaintiff's 300,700,7000.

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