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(영문) 의정부지방법원 2020.08.21 2018가단131704
대여금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The parties' assertion

A. Upon the Defendant’s request, the Plaintiff paid KRW 61,80,000 to the Defendant from the Plaintiff’s account to the Defendant’s account as follows. The Plaintiff, through the Defendant’s ancillary account used by the Plaintiff, lent KRW 90,000 on February 23, 2015 and KRW 63,100,000 on June 27, 2016, respectively, to the Defendant (hereinafter “instant financial dispute”). The Plaintiff paid KRW 23,898,000 on November 26, 2011, and the Defendant was obligated to pay the remainder of KRW 39,202,00 (=63,100,000 - 23,898,000) and delay damages therefrom to the Plaintiff.

Telecommunications transfer BD 201/10/10/10/31,00,00 of telephone transfer 201/10/31/31,000,000 ATM transfer BD 201/11/26/26,500 of telephone transfer BD 201/01/11/10,000,00 of telephone transfer B B 201/01/10,000, 01/10,000 of telephone transfer B 201/01/01/18,00, B200,000 of telephone transfer B B 201/20, B00, 201/18,000, B200 of telephone transfer 201/12/10/10,01/20 of telephone transfer, 10/200 of d 201/10/200 of d 301/10/10 of 204/10.

B. The gist of the Defendant’s assertion and the Defendant’s relationship between around 2010 and around 2016, the Plaintiff and the Defendant merely provided money when making a mutual living cost or making a demand for money, and did not lend or receive money.

Not only KRW 25,400,00, but also the amount that the Defendant directly remitted to the Plaintiff was 11,800,000 won for the Plaintiff’s attorney’s fee paid on behalf of the Plaintiff, KRW 10,000 for the Plaintiff’s criminal deposit, KRW 20,000 for the Plaintiff’s loan that the Plaintiff subrogated on behalf of the Plaintiff, and KRW 67,200,00 for the Plaintiff.

2. The instant dispute was remitted from the Plaintiff’s account or the Plaintiff’s account under C’s name to the Defendant’s account, as alleged by the Plaintiff.

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