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(영문) 서울북부지방법원 2021.01.29 2020가단106814
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. The pertinent Plaintiff between the parties operates an enterprise with the trade name of “E” and “F”, along with the name of “C (former nameD) (former nameD) whose spouse is “E” and “F” for the purpose of manufacturing and wholesale business.

G was registered as a business operator for H’s business with the purpose of clothing wholesale and retail business in the name of the Lnman Defendant, and substantially operated H’s business.

B. The Plaintiff loaned KRW 52,00,000,000 in total to the account in G name on June 1, 2017, and KRW 2,000,000 on June 30, 2017, and KRW 10,000 on July 18, 2017, and KRW 30,000 on November 17, 2018.

On May 31, 2019, the Plaintiff lent KRW 60,000,000 to G in a way that the sum of Chapter IV of the Family Check is KRW 20,000,000,000 in the aggregate of Chapter IV of the Family Check on July 31, 2019, and the sum of Chapter IV of the Family Check on August 31, 2019.

On April 16, 2019, the Plaintiff transferred KRW 5,000,000 to the account in the name of the Defendant.

The sum of the amounts loaned by the Plaintiff as above is KRW 117,00,000 (= KRW 52,000,000) and KRW 5,000,000).

2) Meanwhile, from the account in G’s name to the account in the Plaintiff’s name (i.e., KRW 180,000) on June 13, 2017 (i.e., KRW 180,000) and (ii) KRW 2,00,000 on July 1, 2017, and KRW 5,100,000 on July 5, 2017 (i.e., KRW 100,000) were transferred to the account in the Plaintiff’s name, and paid KRW 17,280,000 in total.

In addition, Han paid KRW 3,60,000,00 on April 29, 2019 by depositing cash into the account under the Plaintiff’s name, and KRW 1,00,000 on May 2, 2019, KRW 1,000,000 on May 9, 2019, KRW 60,000 on May 10, 2019, and KRW 3,600,000 on May 10, 2019 (the Plaintiff asserted that the person who deposited the above money is the Defendant, but according to each of the evidence Nos. 3-2 and 5 of the evidence No. 5, the above phone number is recognized as the number used by G, and in light of these facts, the person who deposited the above money is determined to be G from the account under the Plaintiff’s name.

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