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(영문) 대구지방법원김천지원 2014.09.24 2014가단2927
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the assertion of loan claims

A. The Plaintiff asserted that the Plaintiff loaned KRW 19,980,000 in total to the Defendant from December 4, 2012 to October 22, 2013, totaling KRW 19,980,000. As such, the Defendant is obliged to pay the Plaintiff the said loan KRW 19,980,000 and the damages for delay.

B. According to the reasoning of the evidence Nos. 1 and 2, it is recognized that the Plaintiff transferred the sum of KRW 19,980,000 from December 4, 2012 to October 22, 2013 to the bank account under the name of the Defendant from December 4, 2012 to October 22, 2013. However, there is no evidence to acknowledge that the Plaintiff lent the said amount to the Defendant, and therefore, the Plaintiff’s claim for this part on the premise of this is without merit.

On December 12, 2012, 200,00 Korean Bank on December 4, 2012, 2012. “10,000,000” on December 16, 2012: “1,00,00,000; 30.30,000; 1.30.30,000; 4. “1,00,000,000; 1.30,000,003.” on December 30, 200, 203.

2. Determination of the assertion of unjust enrichment return or damage claim

A. On October 2013, the Plaintiff asserted that: (a) delegated the right to enter into a lease agreement with the Defendant with the Plaintiff and the lessee’s deposit amounting to KRW 20 million; (b) paid KRW 20 million as the deposit for lease; (c) however, in violation of the aforementioned delegation, the Defendant entered into a lease agreement with the Defendant and the lessee with the deposit amounting to KRW 4 million; and (d) accordingly, the Defendant is obligated to return the remainder of KRW 16 million as unjust enrichment or damages to the Plaintiff.

(b) judgment;

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