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(영문) 서울중앙지방법원 2015.08.13 2014가합578355
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts recognized;

A. From July 23, 2008 to November 25, 2013, the Plaintiff of the original Defendant transferred the total amount of KRW 193,400,000 to the Defendant’s new bank account among the deposits deposited in the account in the name of the Plaintiff’s husband’s subsidiaries.

From August 25, 2008 to June 25, 2014, the Defendant transferred total of KRW 100,300,000 from the Defendant’s new bank account to the said bank account.

B. The Defendant related to the deposit money: (a) from November 25, 2008 to May 25, 201, the Plaintiff subscribed to the mutual savings system and paid the deposit amount in full; (b) the amount of the said mutual savings system that the Plaintiff paid to the Defendant is KRW 30,000,000 (hereinafter “first mutual savings system”).

From Jun. 25, 2011 to Feb. 25, 2013, the Defendant subscribed D to the said system 9 and 18, and paid the said amount in full. D is KRW 30,300,000 (hereinafter referred to as “second-class deposit”) that is payable to the Defendant on February 25, 2012, and D is KRW 32,70,000 (hereinafter referred to as “third-party deposit”) that is paid to the Defendant on November 25, 2012.

From March 25, 2013 to June 25, 2014, the Defendant subscribed to the said system 7 and 9, and paid the said amount in full. On September 25, 2013, the Plaintiff was 31,200,000 won for the said system that the Plaintiff shall pay to the Defendant on September 25, 2013 (hereinafter referred to as “the fourth system”), and the Plaintiff was 29,300,000 won for the said system 9 that the Plaintiff shall pay to the Defendant on November 25, 2013 (hereinafter referred to as “the fifth system”).

[Reasons for Recognition] Evidence No. 1, Evidence No. 1, Evidence No. 1, Witness D's testimony, the purport of the whole pleadings

2. Grounds for the claim;

A. The Plaintiff’s summary of the Plaintiff’s assertion: (a) from July 17, 2008 to June 25, 2014, the Plaintiff lent a total of KRW 201,000,000 to the Defendant; (b) thereafter, the Plaintiff received reimbursement of KRW 70,000 from the Defendant; and (c) thereafter, the Plaintiff sought reimbursement of the remainder loans of KRW 131,00,000 and damages for delay.

B. First of all, the Plaintiff’s judgment is earlier.

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