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(영문) 서울동부지방법원 2019.01.16 2017나24993
대여금
Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s Cbank D account (hereinafter “Plaintiff’s account”) transferred to the Defendant’s account on September 27, 2007; KRW 6,000,000 on October 9, 2007; KRW 6,000,000 on October 6, 2007; KRW 6,000,000 on October 10, 2007; KRW 6,000,00 on October 15, 2007; KRW 6,000 on October 6, 2007; KRW 6,000,000 on October 15, 207; and KRW 3,00,000,000 on October 16, 2007; KRW 4970,00 on November 23, 207; and KRW 970,00 on October 23, 208; and

B. The Plaintiff received the insurance contract loan of KRW 25,410,000 from E Co., Ltd. on July 31, 2008. The said money was deposited into the Plaintiff’s account, and the interest on the said money was paid from July 31, 2008 to October 19, 2009 to the Plaintiff’s account, and from March 25, 201 to December 14, 2016 to the Defendant’s account.

C. On June 13, 2008, the Plaintiff and the Defendant visited F Co., Ltd., Ltd., and applied for the change of three policyholders from the Defendant to the Plaintiff, and changed the interest withdrawal account of each of the above insurance contract loans from the Defendant to the Plaintiff’s account. The Plaintiff and the Defendant deposited KRW 59,525 from the Plaintiff’s account to the Plaintiff’s account.

On August 18, 2009, the defendant changed the interest withdrawal account of each insurance contract loan to its own account. D.

From September 27, 2007 to September 19, 2014, the Defendant paid KRW 124,879,459 in total to the Plaintiff’s account as shown in attached Tables 1 through 4, and deposited KRW 1,060,000 in November 1, 2008, and KRW 1,080,000 in November 24, 2008, and KRW 550,000 in the Plaintiff’s account in the name of the Defendant’s office.

[Ground of recognition] Unsatisfy, Gap evidence 2, 3, Eul evidence 3 to 6, each of the records in this Court FF Co., Ltd., E Co., Ltd., and C Co., Ltd., the result of each order to submit financial transaction information, the purport of the whole pleadings

2. The assertion and judgment

A. (1) On September 27, 2007, the Plaintiff asserted that the Plaintiff did not pay money to the Defendant by delivering the Plaintiff’s account, which was the limit of KRW 10,000,000,000, and allowing the Defendant to use the said loan. Upon the Defendant’s request, around September 28, 2007.

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