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(영문) 인천지방법원 2017.02.07 2015가단230180
대여금
Text

1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, the part excluding appraisal costs shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant, who is the husband, operates Nonparty C and D.

The plaintiff has been working in D and has been engaged in money transactions with C, etc. several times.

B. According to the records of the Plaintiff’s deposit account (Account Number): ① on October 4, 201, the amount of KRW 35 million was withdrawn in cash from the said deposit account; ② on November 12, 2012, the amount of KRW 10 million was remitted to Nonparty F; ③ on December 3, 2012, the amount of KRW 20 million was transferred to Nonparty C’s account under the Plaintiff’s name (Account Number: G); ② on November 20, 2011, the amount of KRW 10 million was transferred to Nonparty F; ③ on December 3, 2012, the amount of KRW 20 million was transferred to Nonparty C’s account (Account Number); Nonparty 1’s payment of KRW 200,000,000,000, KRW 100,000,000,000, KRW 100,000,000 deposited in the NA deposit account (No. 1).

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff loaned the Defendant a total of KRW 87 million, including KRW 37 million on October 4, 201, KRW 30 million on November 12, 201, KRW 20 million on December 3, 2012, and KRW 87 million on December 3, 2012. Of them, the Plaintiff paid KRW 20 million on November 20, 201, KRW 60 million on November 18, 201, and KRW 40 million on November 18, 2014, and thus, the Defendant claimed that the Plaintiff should pay the Plaintiff the remainder of the principal leased, KRW 27 million, and delay damages therefrom.

B. In full view of each of the above evidence and evidence of Nos. 5 through 8, and the result of the written request for written appraisal by this court on August 30, 2016 and the purport of the entire pleadings with respect to witness L and H’s testimony, the following facts are examined:

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