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(영문) 광주지방법원순천지원 2015.11.27 2014가단16245
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant became aware of parents with children attending the same elementary school and he/she he/she became aware of.

B. On February 18, 2014, the Plaintiff remitted KRW 15050,00 to the Defendant.

The Defendant remitted to D KRW 45 million, including KRW 20 million and its money in addition to KRW 10 million, which was known to C at a group of 15 million and undergraduate friendships on the same day on the same day.

On February 21, 2014, the Defendant received KRW 8 million from D, and remitted KRW 1 million among them to C, and the Plaintiff, respectively.

On February 25, 2014, the Defendant remitted KRW 15 million to the Plaintiff with his own money.

C. Of the Plaintiff’s deposit account (Account Number E), the amount of KRW 2 million on March 13, 2014, and KRW 54 million on March 14, 2014, 200,000,000,000,000 from the Defendant’s bank account in the name of the Plaintiff is the amount loaned from the bank as collateral by the husband’s death benefit.

A total of KRW 65 million (hereinafter “the instant money”) was remitted. D.

In the Defendant’s deposit account, the sum of KRW 3 million on March 18, 2014 and KRW 5 million on March 19, 2014 was remitted to the Plaintiff’s deposit account in the Plaintiff’s name.

On September 2, 2014, the Defendant’s husband F remitted KRW 5 million to the Plaintiff.

E. On September 18, 2014, D was convicted of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. of Gwangju District Court (Seoul District Court 2014 Goju District Court 130, 140, 163 (merged), hereinafter “related criminal cases”), and D appealed and filed a final appeal with the Gwangju High Court and the Supreme Court, but received a judgment of dismissal and dismissal of appeal from the Gwangju High Court and the Supreme Court.

The criminal facts of the instant case reveal that “D, on February 4, 2014, if it invests money in the Defendant at a restaurant located in Ansan-dong, Ansan-dong, Schanman, he/she purchased electronic equipment at a container and would be able to collect money in the way of returning it during the market.” The Defendant defrauded KRW 448,387,00 from February 4, 2014 to March 15, 2014.”

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