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(영문) 인천지방법원 2014.12.02 2014가단382
대여금
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 and judgment on this issue

A. The Plaintiff’s assertion (1) that the Defendant is responsible for the amount remitted by the Plaintiff when requesting a loan to the Plaintiff as the purchase cost for the horse period, since the Defendant could gain a lot of profit when installing a horse in a soar for the seller of Liba Co., Ltd.

(2) Accordingly, on November 14, 2007, the Plaintiff lent KRW 22,00,000 to the Defendant’s deposit account. As such, the Defendant is obliged to pay the Plaintiff the borrowed amount of KRW 22,00,000,000 and the delay damages therefor.

B. The fact that the Plaintiff transferred KRW 22,00,000 to the Defendant’s deposit account (agricultural cooperatives, C) on November 14, 2007 does not conflict between the parties.

However, in full view of the purport of the arguments, evidence Nos. 1 and 2 as well as the purport of the entire pleadings in light of the following: (i) the Defendant had received earnings from investing 22,000,000 won in LiveB Co., Ltd. from the Plaintiff before receiving the remittance of KRW 22,00,000 from the Plaintiff; (ii) the Plaintiff transferred KRW 22,00,000 to LiveB’s deposit account on November 14, 2007; (iii) the Plaintiff received a certain amount of money from LiveB from November 21, 2007 to LiveB’s deposit account on almost every day; and (iv) the Defendant did not urge the Defendant to transfer KRW 35,00,000 out of the amount received from Jan. 22, 200 to Jul. 9, 2008; and (v) the evidence of the Plaintiff’s transfer of KRW 20,000 or more to the Defendant’s testimony.

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