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(영문) 수원지방법원 성남지원 2018.06.20 2017가단205782
대여금
Text

1. The Defendant’s KRW 29,800,000 and the Plaintiff’s annual rate of KRW 5% from August 26, 2015 to June 20, 2018.

Reasons

1. Basic facts

A. The Plaintiff transferred 38.2 million won in total from July 10, 2014 to May 20, 2015 to the Defendant’s E-stock company account (F; hereinafter “Defendant E account”) from his/her own C account (hereinafter “C Bank 1 account”), and received KRW 7 million in total from the Defendant’s above E account to the Plaintiff’s said C Bank 1 account from September 23, 2014 to May 7, 2015.

B. The Plaintiff transferred KRW 25 million from his/her other Cbank accounts (G; hereinafter “C Bank2 account”) to Defendant E account on May 7, 2015, and received KRW 46.4 million in total from May 25, 2015 to Defendant E bank2 account from Defendant E to August 25, 2015.

C. The Plaintiff remitted 18,7360,000 won in total from July 17, 2014 to the E account (I; hereinafter “Plaintiff E account”) opened in his/her own name on July 15, 2014 from C Bank 1, 200 and another C Bank 3 accounts (hereinafter “C Bank 3 accounts”), and remitted 15,000,000 won in total from August 20, 2014 to April 3, 2016 to the Plaintiff E account.

The Plaintiff, from the J account to the C Bank 1 account on December 12, 2014, deposited KRW 10 million on or around March 5, 2015, KRW 5 million on or around March 5, 2015, KRW 2 million on or around August 19, 2014, and KRW 20 million on or around October 12, 2014, respectively.

[Grounds for Recognition] Facts without dispute, entry of Gap 1 through 3, and 5, response results against each order to provide financial information to Gap c and E , the purport of the whole pleadings

2. Summary of the parties’ assertion

A. From July 10, 2014 to May 25, 2015, the Plaintiff loaned money to the Defendant by means of either (i) opening the respective Cbank accounts in the name of Defendant E and the Plaintiff and remitting money to the Plaintiff E account used by the Defendant, or (ii) remitting money directly to the Defendant’s debtor J et al. at the Defendant’s request.

Therefore, the Defendant, as seen above 1-A, is Defendant E from the account of Cbank 1 and 2 as stated in the above 1-B.

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