(영문) 창원지방법원 2017.10.24 2017나1039 | 리걸엔진

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(영문) 창원지방법원 2017.10.24 2017나1039

대여금

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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff remitted a total of KRW 48,350,00 to the Defendant’s account (bank, our bank, and C) as listed below.

The remittance amount from the date of remittance No. 1200,000 won 1,5250,000 won on September 12, 2014; KRW 48350,00 won on January 26, 2015; KRW 1,32 million on March 30, 2015; and

B. The Defendant transferred the money from the Plaintiff to the following accounts on the day of receiving the money set forth in the above paragraph (a) or the next day of the receipt of the money from the Plaintiff.

The remittance amount No. 1,5250,000 won No. 13, 13, 2014,000 won No. 1,5250,000 won No. 13,000 won, the remittance amount, the remittance amount, the account remittance, shall be the total of 4,835,00,000 won, the No. 1,320,000 won, the No. 1,320,000 won, the No. 1,30,000,000 won, the No. 1,39,000,000 won,

C. On March 30, 2015, the Defendant drafted a siren consignment contract in the name of the Plaintiff to the effect that the Plaintiff is entrusted with the operation of the sports equipment (in the case of this case, hereinafter “the instant siren consignment contract”).

From October 13, 2014 to June 23, 2015, the total amount of money that the Plaintiff is the person to whom the transfer was made in the name of the administrator, the administrator, the administrator, the administrator, etc. shall be 14,320,17 won, and the remittance details confirmed by the entry of B three (the detailed statement of deposit transactions) out of the above amount shall be as follows:

In addition, the actual remittance holder of the transaction stated in the transaction record in the "Indicator", "Indicator", and "5.26. Edicator" is all a corporation, "Indicator", "Indicator".

Serial Transfer Date 1: 1,161,690 won, 13.1, 13.1, 15, 161, 690 won, 13.1, 161,690 won, 3.1, 15, 161,690 won, 4.1, 13.1, 161, 161, 690 won, 15.2, 16.1, 15, 16.2, 15, 16.3, 16.4, 15, 15.2, 16.3, 15, 16.4, 2, 15.3, 2,000, 16.4, 2,000 won, 69, 690, 310, 310, 310, 19, 16.3, 196, 13, 196.5

유사 판례

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