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(영문) 전주지방법원군산지원 2019.07.23 2018가단2849
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 April 28, 2015, the Plaintiff transferred the amount of KRW 15 million from the Plaintiff’s account, KRW 15 million from the Plaintiff’s account, and KRW 30 million from the Plaintiff’s account, using the Defendant’s husband’s account in the name of D (hereinafter “C”) to the Defendant’s account. B. On November 17, 2015, the Plaintiff transferred KRW 10 million from the Defendant’s account (hereinafter “10 million from November 17, 2015”).

On November 20, 2015, the Defendant transferred KRW 10 million to the Plaintiff.

C. On November 23, 2015, the Plaintiff transferred to the Defendant the money of KRW 10 million (hereinafter “10 million, Nov. 23, 2015”) to the Plaintiff. D, around December 26, 2017, the Plaintiff loaned KRW 30 million to the Defendant “on April 25, 2015,” and the Plaintiff did not repay the money even after lending KRW 10 million to the Defendant on December 1, 2015. As such, the Plaintiff sent proof to the effect that “a repayment of KRW 40 million is made” was made.

On January 25, 2018, the Defendant responded to the purport that “No money was borrowed from the Plaintiff” was borrowed from the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 4, Eul evidence 5, 6, 9 (including cases with serial numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1 of the parties concerned may have the Plaintiff’s children employed in a public corporation with good faith by the Defendant, who was aware of his birth in April 2015 through the introduction of F, a student of his birth, and if he borrowed money, he shall hear the horses that he would resolve employment problems, and as follows, he lent a sum of KRW 50 million to the Defendant, but did not receive the remainder of KRW 40 million.

The Defendant is obligated to pay the Plaintiff a loan of KRW 40 million and damages for delay.

① Around April 2015, the Plaintiff needs to pay money to a third party from the Defendant and make payment in the following month.

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