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(영문) 창원지방법원 2015.03.31 2014나6927
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. From September 29, 2010 to January 6, 2012, the sum of KRW 142,30,000,000 was remitted from the Plaintiff’s husband E and the Plaintiff’s husband F’s account in F’s name, to the passbook in the name of G in the name of the Defendants and the representative director of the Defendant B farming association.

B. From December 31, 2010 to February 9, 2013, the sum of KRW 70,80,000,000 was remitted from the account in each Defendants’ name to the passbook in the above E and F name, as shown in the attached specification of transactions.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 6, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff asserted that the plaintiff lent a total of KRW 142,300,000 to the defendants and D, but the defendants and D did not pay the principal amount of KRW 75,30,000 and interest thereon to the plaintiff. Thus, the defendants are liable to pay the principal and interest of the above loan and delay damages to the plaintiff.

B. The funds that the Plaintiff lent to the Defendants are merely borrowed by D, and the Defendants did not borrow. Therefore, the Defendants are not obligated to pay the money claimed by the Plaintiff.

3. Determination

A. The fact that the plaintiff remitted the total of KRW 142,30,000 to G by the defendants and the representative director of the defendant B farming association as seen above.

B. However, such circumstance alone is insufficient to recognize that the Plaintiff lent the above remitted money to the Defendants in light of the above evidence, the results of fact-finding conducted by the court of the first instance, and the following circumstances acknowledged by the entire purport of the pleading, and there is no evidence to acknowledge otherwise.

1) On January 6, 2012, with respect to the details of transactions remitted by the Plaintiff’s side, the money was transferred to each account in the name of Defendant C and G except KRW 30 million transferred to the account in the name of Defendant B farming association. 2) The details of each account in the name of Defendant C and G.

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