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(영문) 수원지방법원 2015.07.23 2015나2246
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff, a real operator of the Defendant, is a person engaged in the construction business, etc. as a friendly relationship with C, and the Defendant was a corporation engaged in the mechanical facility construction business, etc. established around October 199, and its trade name was originally “D Co., Ltd.” on February 29, 2012.

B. On August 8, 2008, the Plaintiff transferred KRW 15 million from its own agricultural bank account to the Defendant’s account.

C. Since then, the Defendant transferred the Plaintiff’s agricultural bank account KRW 1 million on July 29, 2009, KRW 5 million on September 14, 2009, KRW 3 million on April 13, 2010, KRW 500,000 on July 15, 201, and KRW 1 million on February 3, 2012, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. The summary of the argument 1) The plaintiff, at any time upon the request of the plaintiff, lent KRW 15 million to the defendant at any time on August 8, 2008, and the defendant paid KRW 10.5 million to the defendant, and the remaining amount of the loan is not paid despite the payment demand made after the defendant repaid the total of KRW 10.5 million, and the defendant is claiming the payment of the remainder of the loan and the damages for delay. 2) The defendant, which he remitted to the defendant, shall not transfer the amount of KRW 15 million to the defendant's account as the expenses for the introduction of construction works, etc., and the sum of KRW 10.5 million, which the defendant remitted to the plaintiff five times, is the amount introduced by the defendant and paid to the plaintiff under the pretext of the introduction of the construction works and the payment made to the plaintiff.

B. On August 8, 2008, the Plaintiff transferred KRW 15 million to the Defendant’s account from its own account to the Defendant’s account; and the Defendant transferred KRW 10,50 million to the Plaintiff five times from July 29, 2009 to February 3, 2012, as acknowledged earlier, the fact that the Plaintiff wired KRW 10,50 million to the Plaintiff on five occasions, but it can be seen that there is no dispute between the parties, or that there is no evidence set forth in subparagraph 2, subparagraph 1 through 3, and the entire purport of the pleadings.

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