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(영문) 수원지방법원평택지원 2020.09.17 2020가합8793
대여금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates a hospital in Pyeongtaek-si, and the Defendant was working as an assistant nurse at the hospital operated by the Plaintiff from 2002 or from 2003 to 2006.

B. From April 20, 2015 to October 2, 2019, the Plaintiff remitted the sum of KRW 21.5 million to the Defendant’s deposit account in his/her name (C Bank D, C Bank E, and C BankF) from his/her own deposit account (C Bank D, C Bank E, and C BankF) to the Defendant’s name. From July 15, 2014 to September 11, 2014, the Plaintiff remitted the sum of KRW 42 million to the Defendant’s deposit account in the Defendant’s name as Dong.

C. From March 31, 2015 to February 27, 2017, the Plaintiff deposited a total of KRW 10 million into a deposit account in the Defendant’s name. D.

On November 30, 2011, the Plaintiff issued 100,000 cashier’s checks (the check number: H) with the face value of 100,000 won. On October 15, 2015, the Plaintiff issued 10,000 cashier’s checks (the check number: I through J) with the face value of 1 million won, and issued them to the Defendant. On December 5, 201 and October 19, 2015, the Defendant deposited them into the account under the Defendant’s name.

[Reasons for Recognition] The non-contentious facts, Gap evidence Nos. 3 through 5 (including virtual numbers), and the purport of the entire pleadings as a result of the order to submit financial transaction information to the office of Pyeongtaek-si Office of the C Bank;

2. The plaintiff's assertion

A. In the first place, the Plaintiff: (a) KRW 264.9 million (= KRW 243.5 million remitted to the Defendant’s savings account in the name of G living together with the Defendant (i.e., KRW 21.5 million transferred to the Defendant’s savings account in the name of G) (i.e., KRW 21.5 million transferred to the Defendant’s savings account in the name of G), and KRW 1.4 million deposited to the Defendant’s savings account in the name of KRW 42 million; and (ii) KRW 1.4 million deposited into the account in the name of

Won. hereinafter referred to as “instant money”).

Since the Defendant leased the Plaintiff, the Defendant is obligated to return it to the Plaintiff.

B. Preliminaryly, the Plaintiff donated the instant money to the Defendant on condition of marriage.

However, the Defendant notified the Plaintiff of the determination on November 2019 and did not fulfill the above conditions.

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