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(영문) 서울중앙지방법원 2015.01.16 2014나25497
대여금반환 등
Text

1. The plaintiff's claim expanded in the trial room is dismissed.

2. The defendant's appeal is dismissed.

3. The appeal costs.

Reasons

1. Facts of recognition;

A. On November 18, 2005, the Plaintiff deposited KRW 50,000,00 (hereinafter “instant money”) with a new bank account (Account Number D; hereinafter “instant account”) under the Defendant’s name around 17:10 to 13, 2005.

B. On November 18, 2005, around 16:32, 200, the Defendant deposited KRW 10 million from another new bank account (Account Number E) under the name of the Defendant, and KRW 50 million from the instant account, which was transferred from the Plaintiff on November 21, 2005, respectively.

C. C deposited KRW 2,00,000 on February 25, 2006 to the Plaintiff, and on July 10, 2006, C issued and delivered a promissory note No. 50 million at par value. D.

Afterward, the Plaintiff received KRW 300,000 from C on December 20, 2006, KRW 300,000 on January 20, 2007, KRW 300,000 on February 20, 2007, KRW 300,000 on May 18, 2007, KRW 300,000 on October 20, 2007, and KRW 300,00 on May 20, 2008, KRW 30,000 on May 20, 2008, KRW 30,000 on July 30, 200, KRW 100 on July 24, 200, KRW 200 on August 29, 2007, KRW 100 on August 29, 2005, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that (1) around November 18, 2005, the plaintiff loaned the money of this case to the defendant by means of account transfer with a statement that he/she would pay 50 million won within one month if he/she borrowed 50 million won from the defendant, and that the defendant is liable to pay 19,246,675 won per annum from December 18, 2005 to August 29, 2013 (the delivery date of a copy of the complaint of this case) which is 19,246,675 won per annum calculated by deducting 99,90 won paid by the defendant from the total amount of 68,246,675 won (=50,000,5759,999 - 9,000 won) which is 50,000 won until 20,000 won per annum 38,205.

(ii).

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