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(영문) 서울남부지방법원 2015.04.23 2014나8337
대여금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On July 30, 2008, the Plaintiff transferred KRW 20 million to the account in the name of the Defendant’s father’s G, designated by the Defendant, and received from the Defendant the check of the unit number of the fake unit with a face value of KRW 20 million from the Defendant, and presented payment to the Bank on November 7, 2008, and received KRW 20 million on November 11, 2008.

Meanwhile, on July 31, 2008, the Plaintiff received KRW 1.5 million from the Defendant through the said G account.

B. On August 21, 2008, the Plaintiff transferred KRW 13.655 million to the account in the above G name designated by the Defendant, and there is endorsement by C, and the issuer is issued five copies of the household check with D and the date of issuance of D and 3 million won per share on November 29, 2008 (hereinafter “the household check in this case”) from the Defendant, but five copies of the household check in this case were refused to pay on December 1, 2008.

C. On October 22, 2008, the Plaintiff transferred KRW 17.6 million to the account under the above G name designated by the Defendant, and there is endorsement by C, and the issuer D and the issue date are delivered by the Defendant one sheet of the unit price per unit of the par value of KRW 20 million (hereinafter “instant unit price sheet”) with the face value of KRW 20 million on January 27, 2009, but the said statement of unit price was refused to pay on January 28, 2009.

Meanwhile, the Defendant, through the said G account or the Defendant’s account, remitted the Plaintiff KRW 50,00,000 on April 9, 2009, KRW 300,000 on April 22, 2009, KRW 400,000 on March 10, 2010, KRW 300,000 on September 16, 201, KRW 380,00 on April 14, 201, KRW 2220,00 on June 22, 201, KRW 320,00 on October 32, 201, KRW 350,00 on December 30, 201, and KRW 320,00 on May 320, 2012.

[Ground of recognition] Gap's evidence Nos. 1, 4, Eul's evidence Nos. 1, 3, 4, and 5 (including each number), the result of the order to submit each financial transaction information to Korean banks, the court of first instance, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion (1) The Plaintiff: (a) lent to the Defendant the money of KRW 20 million on July 30, 2008; (b) received KRW 1.5 million on the following day from the Defendant; and (c) received the payment of KRW 20 million on the face value of KRW 20 million from the Defendant. As such, the Plaintiff’s assertion was made by proposing to pay the money of KRW 1.5 million.

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