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(영문) 수원지방법원 2015.10.16 2014가합11775
대여금
Text

1. The Defendant’s KRW 107,711,00 for the Plaintiff and 5% per annum from January 28, 2015 to October 16, 2015.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

(The next day of service of a duplicate of the complaint: January 28, 2015). 2. Article 208(3)3 of the Civil Procedure Act (by service by public notice)

3. In addition to the amount set forth in Paragraph 1 of the Disposition, the Plaintiff asserts that he/she lent KRW 25,101,000 to a bank account in the name of the Defendant’s child, and KRW 43,504,400 to a bank account in the name of the Defendant’s spouse, and that he/she lent KRW 74,605,40 to the Defendant by paying KRW 6,000 in cash.

In full view of the overall purport of the arguments as to Gap evidence Nos. 2 and 3, the fact that the plaintiff deposited the total amount of KRW 25,101,00 and KRW 43,504,400 in the bank account of Eul, while the defendant has no spouse at present as the plaintiff's words E, and only F, G, H, and I are children, and D are children, and it can be acknowledged that they are the plaintiff's birth. According to the above facts, C and D are not children or spouse of the defendant, and it is difficult to view that it is 25,101,00 won deposited to Eul and 43,504,40 won deposited to his own life, and there is no other evidence to acknowledge it.

In addition, there is no evidence to acknowledge that the Plaintiff paid KRW 6,00,000 to the Defendant in cash.

Therefore, we cannot accept the part of the Plaintiff’s claim seeking payment of the above KRW 74,605,40.

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