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(영문) 대구지방법원 2017.03.14 2016가단125283
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. From March 2011 to September 2012, the Plaintiff operated the business entity “C” and “D, the Defendant’s husband, as the partnership business.

On June 13, 201 and November 3, 201 of the same year, the Plaintiff lent to the Defendant a total of KRW 30 million,00,000,000,000, in total, to the Defendant.

B. The defendant did not borrow money from the plaintiff as above.

However, the defendant is merely a remittance of the above C's benefits or profit dividends from the bank E deposit account in the name of the plaintiff (hereinafter "business deposit account") in the name of the defendant to the NAF deposit account in the name of the defendant (hereinafter "CF deposit account"), or a return of the loan (provisional payment) to the above business. The above 30 million won as asserted by the plaintiff was also remitted to the same purport.

2. On June 13, 2011, and November 3, 2011, as to whether the Plaintiff lent KRW 30 million to the Defendant as above, the Plaintiff’s husband obtained KRW 20 million from the Plaintiff’s mother, and transferred KRW 15 million from his personal deposit account to the Defendant’s agricultural cooperative bank account, and then transferred the money to the Defendant’s agricultural cooperative bank account after taking account of the following: (a) the Plaintiff’s husband transferred KRW 30 million from his personal deposit account to the Defendant’s agricultural cooperative account; and (b) the Defendant’s husband transferred KRW 20 million from his mother, the Defendant’s mother, and KRW 5 million from his mother, and KRW 15 million from his personal deposit account to the Defendant’s agricultural cooperative account; and (c) the Defendant transferred the money from the Defendant’s account to the Plaintiff’s agricultural cooperative bank account to KRW 300,000,000,000 from his own account to the Defendant’s 10,500,000.

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