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(영문) 서울중앙지방법원 2017.04.19 2016가단86235
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

In 2013, the Plaintiff and the Defendant introduced to the Plaintiff the high school motive C, which is a high school motive for the Defendant to conduct solar power generation projects, as a high school line (one-year line), and thereafter three persons, including the Plaintiff, the Defendant, and C, frequently met.

On February 27, 2014, the Plaintiff remitted total of KRW 90,000,000 to the Defendant’s account and KRW 10,000,000,000 to the Defendant’s account. The Defendant remitted the money to the Defendant’s parent-friendly account C.

At the time, C used the account of bad credit and bad credit, and C used this KRW 100 million for solar power generation projects.

C transferred the total amount of KRW 58,00,000,000 on June 25, 2014, KRW 30,000 on July 7, 2014, KRW 15,000,000 on December 30, 2014, and KRW 3,000,000 on January 27, 2016, to the Plaintiff under the name of E or in its own name, the head of which is the Plaintiff.

[Grounds for recognition] Nos. 1, 2, 4, 5, and 2 of Gap evidence Nos. 2-1, 2, 4, 5, and 2 of Eul evidence, and Eul evidence Nos. 3, 3's testimony, and 10 million won as a whole, the plaintiff's assertion that the plaintiff, upon the defendant's loan request, lent KRW 100 million from the bank on February 27, 2014 to the defendant's account and remitted this to the defendant's account. Thus, the plaintiff's assertion that the plaintiff sought payment of the remaining loans of KRW 58,00,000 and delay damages.

The defendant alleged that the defendant introduced C to the plaintiff, and agreed to jointly conduct solar power generation projects between the plaintiff and C, and that the plaintiff made a total of KRW 1 billion and invested KRW 100 million to C through the defendant, and that the defendant did not borrow KRW 100 million from the plaintiff.

Judgment

The fact that the Plaintiff remitted KRW 100 million to the Defendant’s account on February 27, 2014 is as seen earlier, and according to the evidence Nos. 7-1 through 5, the Plaintiff’s demand for reimbursement of KRW 60,000,000,000 which was not paid until the time, among the KRW 100,000,000 via text messages sent to the Defendant around November through December 2014.

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