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(영문) 인천지방법원 2020.02.14 2018가합56564
소유권말소등기
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

The purport of the Plaintiff’s assertion as to the claim of this lawsuit is that the Plaintiff lent KRW 245,00,000 to the Defendant by means of remitting the amount of KRW 85,00,000 to the account in the name of C, and the loan claims remain the remainder of KRW 160,000,000 excluding the amount of KRW 85,00,00

In addition, the Plaintiff lent a total of KRW 234,390,000 to the Defendant’s account in the name of the Defendant. The loan claims remain 37,59,000, excluding the remainder of KRW 196,791,000 paid by the Defendant.

Therefore, the defendant is obliged to pay to the plaintiff the total sum of 197,599,000 won and damages for delay.

Judgment

If a remittance is made to transfer money to another person's deposit account, etc., the remittance may be based on various legal causes. Therefore, the party asserting that the remittance is a loan has the burden of proof.

According to the records in Evidence Nos. 3 and 4 as to the portion of the loan claim amounting to KRW 160,00,000, the Plaintiff’s account was deposited in KRW 245,000,000 in total from September 4, 2012 to November 19, 2012. From September 25, 2012 to the above Plaintiff’s account, the Plaintiff was deposited in KRW 85,000,000 in total from September 25, 2012 to November 12, 2012. The Defendant was investigated in the instant case where the Plaintiff filed a complaint with suspicion, such as fraud, and the Defendant received the transfer of KRW 240,000,000 from the Plaintiff to the Plaintiff’s account from October 25, 2012 to October 10, 205.

However, the following circumstances, which can be known by integrating the descriptions of Gap evidence 6 and 7 and the whole purport of arguments, are pharmacists.

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