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(영문) 수원지방법원 2015.10.02 2015가단107973
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The party's assertion and judgment

A. From June 2008 to July 2008, the Plaintiff asserted that the Plaintiff lent KRW 180 million to the Defendant from around July 2008, and the Defendant’s repayment of the Defendant’s above loans to the medical corporation C (hereinafter “Nonindicted Foundation”) that was a director, decided to jointly take over the Defendant’s obligations, and the Plaintiff reported the Plaintiff’s rehabilitation claim against Nonparty Foundation as the rehabilitation claim, which included the above loans, as a total of KRW 2.47 million including the above loans. After which the Defendant’s birth D decided to take over the Plaintiff’s rehabilitation claim against Nonparty Foundation around 2011, and received KRW 100 million from the Defendant’s birth D paid the Plaintiff’s rehabilitation claim amounting to KRW 73 million,000 ( KRW 180,000,000 - KRW 177 billion), the Defendant is obligated to pay the remainder of the loans to the Plaintiff and delay damages thereon.

In regard to this, the defendant lent the money claimed by the plaintiff to the non-party foundation. On May 24, 2008, the bank transaction due to default was suspended and transferred to the account in the name of the defendant and the non-party foundation under the name of F, which is the director of the care center nursing division of the Evalescent Foundation operated by the non-party foundation. At the time, the plaintiff, as a director of the non-party foundation, lent the money to the non-party foundation for financing monthly salary and patient meals, and thus, the above loan was reported as a rehabilitation claim of the non-party foundation, and thus, the plaintiff cannot respond to

B. On June 11, 2008, the Plaintiff: (a) KRW 30 million with the account under the name of F; (b) KRW 12 million with the account under the name of the Defendant; (c) KRW 2 million with the account under the name of the Defendant on June 13, 2008; (d) KRW 17.2 million with the same month on June 17, 2008; (e) KRW 3 million with the 19.3 million with the same month; (b) KRW 25 million with the 25.5 million with the same month on July 25, 2008; and (e) the same month.

8. The amount of KRW 15 million, KRW 4 million on the 10th of the same month, KRW 1128 million on the 14th of the same month, KRW 28 million on the 15th of the same month, KRW 4 million on the 15th of the same month, KRW 3 million on the 17th of the same month, KRW 3 million on the 17th of the same month, KRW 9 million on the 21th of the same month, and KRW 152.5 million on the 20th of the same month, respectively, was remitted to the Foundation; and the non-party on August 20, 2008.

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