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(영문) 전주지방법원 2018.11.01 2017가합3580
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff asserted that the Plaintiff lent KRW 849,352,50 in total to C and the Defendant as operating capital, and received KRW 374,880,000 in repayment.

Therefore, the Defendant is jointly and severally obligated to pay the loan 474,472,500 won (849,352,500 won - 374,880,000 won) and damages for delay remaining after the Defendant agreed with C.

B. According to the evidence Nos. 1 and 2, it is recognized that the Plaintiff remitted KRW 379,452,500 in total to the account in the name of C from July 27, 2016 to July 24, 2017, and KRW 469,90,000 in total to the account in the name of the Defendant.

However, in light of the following circumstances, it is insufficient to recognize that the Plaintiff lent money under the pretext of D operation only with the above remittance facts and the descriptions of Gap evidence Nos. 1 through 4, respectively, in the items of Gap evidence Nos. 1 and Eul evidence Nos. 1 through 3, and there is no other evidence to acknowledge it otherwise.

Therefore, the prior plaintiff's assertion is rejected on a different premise.

① The Plaintiff did not prepare any document to verify the loan, such as a loan certificate, between C and the Defendant, and there is no objective evidence to prove that the money transferred by the Plaintiff to C and the Defendant was a loan.

② The instant gross sales between July 2016 and July 2017, which the Plaintiff traded money with the account of C and the Defendant, are as listed below:

The total amount of KRW 28,518,200, 200 on January 28, 2017, 2017, KRW 28,554,60 on August 28, 2016, KRW 200 on September 25, 2017, KRW 400, KRW 31,560,00 on March 30, 2016, KRW 30,31,31,00 on March 31, 2016, KRW 32,870, KRW 80, KRW 80 on April 28, 2016, KRW 18, KRW 200 on April 36, 2017, KRW 30, KRW 200 on August 36, 2016, KRW 200 on August 36, 2017, KRW 200 on August 16, 2017, KRW 18,306,8

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