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(영문) 인천지방법원 2019.01.11 2017가단239884
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff asserted that: (a) the Plaintiff asserted to the Defendant; (b) KRW 9,00,00 on August 28, 2010; (c) KRW 20,000,00 on December 2, 2010; (d) KRW 4,00,000 on April 14, 201; and (c) KRW 3,70,000 on April 15, 201; (d) KRW 6,00,00 on April 17, 201 and KRW 6,00,00 on KRW 365,00 on June 22, 201; and (e) KRW 36,30,70 on a deposit account with the Plaintiff’s name of KRW 630,50 on June 23, 201; and (e) the Defendant paid the remainder of KRW 5,30,70,700 on a deposit account with the Defendant’s name of KRW 3630,570,50,270.

(However, although the defendant did not correct the purport of the claim, it is true that the plaintiff received 5,00,000 won deposited to C).

The defendant's assertion that since January 2010, while running a liquor, the defendant lent money from the non-party D, who is a bond company, to pay the money within 2-3 days. However, if D is in a foreign country, the defendant asserts that D borrowed money from D by means of lending money to the plaintiff in lieu of D and repaid the money to the plaintiff in full.

2. Determination

A. On August 28, 2010, the Plaintiff deposited KRW 9,000,00 in a bank deposit account (H 9,000,000,000) in the name of the Defendant on August 28, 2010, according to each of the evidence Nos. 1, 4 through 7, and Nos. 1, 200. The Plaintiff deposited KRW 10,000 in a bank deposit account (H) in the name of the Defendant on August 28, 2010. The date of such deposit is “10,000,000,000,000 won as of August 28, 2010, the Defendant’s delegation was made to the Defendant with a power of attorney, the date of loan and repayment as the same amount as the above power of attorney, the date of repayment, and the date of deposit “10,000,00.”

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