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(영문) 서울서부지방법원 2014.10.17 2014가단19755
대여금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion that: (a) upon receiving the Defendant’s request that the land auction price be set up; (b) the Plaintiff loaned KRW 45,00,000 on September 10, 2013, and KRW 31,560,00 on September 16, 2013; and (c) sought payment of the principal and interest on the loan, as stated in the purport of the claim.

In regard to this, the Defendant merely allowed C to use his name and passbook because it is necessary for the successful bid of land, and the said money was borrowed from the Plaintiff by C, so it is not possible to comply with the claim of this case.

2. According to the statements in Gap evidence Nos. 1 and 2 (including paper numbers), the fact that the plaintiff respectively remitted to the bank account under the name of the defendant, the amount of KRW 45,000,000 on September 10, 2013, and KRW 31,560,000 on September 16, 201, and the defendant 201

3. On September 16, 201, the land of Pyeongtaek-si and three other lots, including Pyeongtaek-si D, was the land of 3,636 square meters, but was subdivided on November 29, 2013, which was the said successful bid.

(1) The Plaintiff and Defendant borrowed KRW 10,00,00 from September 14, 2013 to October 2010 of the same year the following facts are acknowledged: (a) the Plaintiff and the Defendant are employees of so-called Real Estate Development Business Co., Ltd. E; (b) the Defendant served as a telephone counselor; (c) the Defendant has engaged in money transactions with C, the representative of the above business; and (d) the Defendant borrowed KRW 110,00,00 from the above business owner to the above business owner for the purpose of raising funds for the successful bid of the land from September 2013 to the above business owner; and (e) the Plaintiff cannot be held liable for the death of the Defendant on February 14, 2014, by preparing a document stating “the new owner is the actual owner of the above land.”

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