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(영문) 수원지방법원 평택지원 2018.02.09 2017가단8680
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s friendship (Ears, 90 years of age) and the Plaintiff’s legal representative are the largest children of the Plaintiff, and Defendant C is the Plaintiff’s friendship and Defendant D is the Plaintiff’s friendship as the father’s smaller children (F).

B. On February 3, 2015, the Plaintiff collected KRW 10 million from G Bank Account (H) under the Plaintiff’s name and delivered the amount to Defendant C.

C. On March 17, 2016, the Plaintiff transferred KRW 30 million to the IF account in Defendant D’s name.

On October 28, 2016, the Plaintiff received 20 million won cashier's checks from Defendant C and deposited them into G Bank Account (J) in the name of the Plaintiff.

E. On December 30, 2016, the Plaintiff issued a cashier’s check of KRW 20 million at G Bank and delivered it to Defendant C.

[Ground of recognition] The fact that there is no dispute, Gap2 through 4, the financial transaction information replys to the Director of G bank Business Support Center of this Court (No. 24, 2017), and the purport of the whole pleadings

2. Determination on the cause of the claim

A. (1) In the legal brief dated October 24, 2017, the main point of the parties’ assertion: (a) the Plaintiff promised to seek the Plaintiff and to pay interest on the loan from Defendant C to the K Center’s operating fund opened on or around March 2015; (b) lent KRW 10 million on February 3, 2015; and (c) KRW 30 million on March 17, 2015; and (d) again, C agreed to find the Plaintiff and “Finally repaid KRW 20 million with the money it has been lent; and (e) Defendant C and C have additionally lent KRW 20 million on December 30, 2016 to Defendant C and C with a joint and several liability in accordance with Article 835 of the former Civil Act, asserting that they were jointly and severally liable with respect to loans owed by their husband and wife; and (e) Defendant C and C have paid KRW 600,500,000,000,000 as loans.

However, it was revealed that Defendant C paid KRW 20 million to the Plaintiff around October 28, 2016 in the response to financial transaction information regarding the head of the G Bank Business Support Center (on December 4, 2017), and the Plaintiff is in the preparatory document dated December 5, 2017.

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