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(영문) 부산지방법원 2015.01.06 2014가단69104
대여금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On February 18, 2008, the parties asserted that, in the instant case where there is no dispute between the parties as to the fact that the amount of KRW 50 million was transferred from the Plaintiff’s account as the Defendant’s wife to the Defendant’s account, the Plaintiff sought the payment of principal and interest by asserting that the said amount was leased to the Defendant, and the Defendant claimed that the said amount was an investment amount.

2. There is insufficient evidence to deem that the above KRW 50 million was a loan.

Rather, comprehensively taking account of the overall purport of the statements and arguments set forth in subparagraphs B through 3 and 18 (including various numbers), the Plaintiff received the Defendant’s proposal and agreed to jointly purchase the land for the I University J campus with the Defendant, F, G, H, etc., and the Plaintiff, etc. delegated the above business affairs to E. Accordingly, the Plaintiff, etc. wired money to E as indicated in the attached remittance details. The Plaintiff, etc. again paid the said money to the representative director of K, Inc., the investment intermediary, or used the said money for the purpose designated by L. However, L did not use the money received from E as real estate purchase fund, and the contact was interrupted after arbitrarily consumed, and the Plaintiff, etc. as well as the Defendant, etc. are still unable to recover money. In light of the above facts of recognition, it is reasonable to deem that the above KRW 50,00,000,000 is money to be money paid to the Plaintiff for the purpose of real estate purchase business according to the Defendant’s proposal.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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