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Reasons
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(영문) 수원지방법원성남지원 2016.03.04 2014가단222878
대여금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 17, 2004, the Defendant prepared a certificate of borrowing from December 17, 2004 to January 17, 2005 during the period of time from December 17, 2004, with the purport of borrowing KRW 10 million, and the Defendant prepared a certificate of borrowing from December 28, 2004 to January 28, 2005 (hereinafter the above certificate of borrowing from December 28, 2004 to deliver to the Plaintiff the certificate of borrowing from December 28, 2004 (hereinafter the above certificate of borrowing from December 28, 2004).

(hereinafter the above sum of KRW 20 million is referred to as “one loan”). (b)

On September 13, 2005, the Plaintiff transferred KRW 24 million to the Agricultural Cooperatives Deposit Pream(Account Number: D).

(hereinafter referred to as “two loans”). (c)

On May 15, 2007, the Plaintiff remitted total of KRW 6.5 million to the passbook (Account Number: F) in the name of the Defendant (E) on May 15, 2007, and May 18, 2007.

hereinafter referred to as "three loans".

(d) The Defendant remitted money to the Plaintiff as follows. The payment date of the sequence 15,200 (the unit amount: 440,000 on December 15, 2006; 4,000,000 Plaintiff’s postal account G3 on May 10, 2007; 00,000 Plaintiff’s postal account G 490,000 on May 19, 2007; 30,000 Plaintiff’s postal account on September 19, 200 on September 19, 200, 108 Plaintiff’s 4440,000 on September 17, 2007; 10,000 Plaintiff’s postal account on October 44, 200 on October 15, 2007; 200 Plaintiff’s postal account on April 14, 2007;

E. The Plaintiff, like C and I, was operated by the JJ from 2004 to E’s trade name.

Since August 17, 2006, the Plaintiff reported the opening of business as the representative of E on August 17, 2006, and reported the closure of business on August 30, 2009.

F. On November 26, 2013, the Plaintiff sent to the Defendant a written notice demanding payment of the loan by no later than December 13, 2013, by content-certified mail.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4, 7, 8.

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