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(영문) 대구지방법원서부지원 2014.06.12 2013가단30428
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. On October 31, 2007 and May 5, 2007, the Plaintiff lent KRW 2,100,000 from C, and deposited KRW 6 million to D on October 31, 2007, KRW 1.6 million for the Defendant’s wife E, KRW 1.6 million for F on November 5, 2007, KRW 1 million for G, KRW 5 million for H, KRW 1 million for I, and KRW 1 million for E.

B. On January 208, 2008, the Plaintiff offered as security a Spoty car owned by JJ Co., Ltd. and the Defendant’s former wife, and lent KRW 20,000 from L to C with the money, and the Plaintiff paid KRW 80,000 to L as interest for the above borrowed money from September 11, 2008.

C. On August 23, 2007, the Plaintiff wired D KRW 1.9 million on August 23, 2007, KRW 3.9 million on September 31, 2007, KRW 500,000 on September 4, 2007, KRW 1.9 million on September 1, 2007, and wired M KRW 3.9 million on August 29, 2007, KRW 1.7 million on August 30, 2007.

On the other hand, L has been repaid KRW 10 million from K and returned the franchiser car offered as security. However, as L did not receive the remainder of KRW 10 million, the Daegu District Court 2010 Ghana71395 and filed a lawsuit against the Plaintiff on November 4, 2010, which decided on October 21, 2008 that “the Plaintiff shall pay L 10 million won and its interest rate of KRW 30% per annum from October 21, 2008 to the day of full payment” and became final and conclusive around that time.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, 2, 3, Gap evidence 4-1, 2-2, witness L's testimony, and the purport of whole pleading

2. Determination as to the cause of claim

A. The Plaintiff asserted as to KRW 20 million loan 1,00,000, the Plaintiff leased KRW 20 million out of KRW 21 million from October 31, 2007 and November 5, 2007, to the Plaintiff. In order to repay the above loan, the Plaintiff again loaned KRW 20,000,000 from L to 20,000 in agreement with the Defendant.

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