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(영문) 의정부지방법원고양지원 2016.10.27 2016가단4665
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On April 12, 2012, the Plaintiff wired the Defendant’s account totaling KRW 60 million on April 12, 2012, and KRW 20 million on April 24, 2012.

The defendant remitted money to the plaintiff's account, and its time and amount are as follows:

On May 10, 2012, 200 40,000 on May 10, 2012, 201; 300,000 on June 11, 2012; 400,000 on June 20, 2012; 40,000 on June 20, 2012; 40,000 on July 20, 200 on July 21, 2012; 30,000 on July 20, 200, 2007; 40,000,000,000 on July 30, 201, the Plaintiff did not request the Plaintiff to return money on July 20, 201, 201; and 40,000 on August 26, 2008; 10, 2010;

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that whether the loan is a loan is a loan to the defendant, and the defendant asserts that the loan is a loan.

According to the above facts, following the Plaintiff’s payment of money to the Defendant from May 2012 to October 2012, 2012, the Plaintiff was paid 1% of the principal amount (600,000 won) at a similar time each month. However, on the other hand, the Plaintiff stated in each preparatory document dated August 17, 2016 and August 7, 2016 that “on the part of the Plaintiff, the Defendant would have paid monthly interest. If the Plaintiff made an investment to the Plaintiff, he/she would have paid a profit if he/she would have paid a profit.” Even if the Plaintiff’s statement was made, it is unclear whether the money paid was a loan, and it is not clear whether the money paid was a loan, and the Plaintiff was paid KRW 6 million on July 30, 2012 as interest from the Defendant, as well as KRW 600,000,000,000 on November 2, 2012.

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