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(영문) 창원지방법원 2014.07.11 2013가단5810
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. From January 26, 201 to March 12, 2012, the Plaintiff lent KRW 210,000,000 to the Defendant by means of remitting a total of KRW 210,000,000 to the Defendant’s account under the name of the Defendant (hereinafter “instant loan”).

B. From February 10, 201 to November 30, 201, the Defendant repaid part of the instant loan by way of remitting the sum of KRW 125,900,000 to the Plaintiff’s account under the name of the Plaintiff, on seven occasions.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 84,100,000,000 (=210,000,000 - KRW 125,90,000) out of the instant loan 210,000,000 and damages for delay.

3. Judgment on the defendant's defense for repayment

A. The defendant asserts that the defendant paid all of the loans of this case by means of remitting the amount of KRW 89,100,000 to the account under the name of the plaintiff other than KRW 125,90,000, which was remitted from the account under the name of the defendant to the account under the name of the plaintiff, and the plaintiff asserts that the amount transferred from the account under the name of C was repaid to the plaintiff's loan of this case, which is not related to the loan of this case.

B. The following facts are acknowledged in light of the following: Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1, 2, 5, and Eul evidence Nos. 1, 2, and 2 (including numbers), the witness C’s testimony, the new bank of this Court, Gyeongnam Bank, Gyeongnam Bank, Suhyup Bank, and Industrial Bank of Korea’s order to submit each financial transaction information to the new bank of this Court, the results of the plaintiff’

On January 12, 2011, 200, 2000, 2000 on January 12, 2011, 201, Plaintiff C, Defendant C, Defendant C, the following: (a) 20,000,000 on January 28, 201, 200 on January 28, 201; (b) 5,000,000 on January 28, 200 on January 28, 201; (c) 6: (a) 25,00,000,000 on February 10, 201; (d) 20,0007; (e) 0,000,000 on February 28, 2011; (e) 10,000,000,0000; (e) 10,010, Oct. 10, 2010;

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