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(영문) 서울동부지방법원 2017.07.25 2016가단28126
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. During the period from July 30, 2015 to December 31, 2015, the Plaintiff remitted money as indicated in the table below (hereinafter “transfer to the Defendant of the Plaintiff”) to the Defendant’s account under the name of the Defendant. The Defendant wired money to the Defendant as indicated in the instant table from July 30, 2015 to December 31, 2015, the “transfer to Defendant C” in the instant table to the account under the name of C, and received from C as indicated in the “transfer to Defendant” in the instant table from August 24, 2015 to January 12, 2016, and transferred money to the Plaintiff as indicated in the “transfer to the Defendant” column from August 24, 2015 to August 24, 2015 to January 20, 2016.

Transfer of 10.20,000 won to the Defendant to the Defendant, 20.1 20,000 won on July 30, 2015 to the Defendant, 20.20,000 won on August 24, 2015, 30,000 won on August 30, 2015, 70,000 won on KRW 70,000,000,000 on KRW 70,000,00,000 on April 26, 2015, 200, KRW 10,000,000 on KRW 10,00 on KRW 34,50,00 on KRW 30,00 on August 28, 2015, KRW 200,00 on KRW 10,00 on KRW 34,00,00 on KRW 30,50,00 on KRW 50,005.

B. Meanwhile, the Defendant received a promissory note of KRW 170,000 at face value from D and C on March 11, 2016. The above KRW 170,000,000,000, which the Plaintiff remitted to the Defendant on December 31, 2015 (the remittance No. 10,000,000 to the Defendant in the instant table) includes KRW 1,00,00 that the Plaintiff remitted to the Defendant on December 31, 2015.

[Reasons for Recognition] The written evidence Nos. 3, 7, 19, Eul Nos. 4 and 6, and the purport of the whole pleadings

2. The parties' assertion

A. Upon the Defendant’s request, the Plaintiff’s assertion is due for each of the following: (a) KRW 20,000,000 on July 30, 2015; (b) KRW 30,000,000 on August 25, 2015; and (c) KRW 70,000,000 on August 26, 2015; and (b) KRW 20,000,000 on September 3, 2015.

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