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(영문) 서울중앙지방법원 2014.12.10 2014가합516302
대여금
Text

1. The plaintiff's claim against the primary defendant B is dismissed.

2. Preliminary Defendant C is KRW 62,530,000 and KRW 62,530.

Reasons

1. The Plaintiff, as indicated in the following table, deposited KRW 547,614,00 in total into the account of “the nominal holder who received the remittance” over 22 occasions.

On December 7, 1992, 1992, 10,000 D 10,000 C on October 5, 21995, 13,000,000 C 3 October 13, 1995, 4,700,000 C 5 on February 5, 200 C 5, 200 C 5 on December 1996, 200, 620 (20,000,000 on May 11, 2006, 200,000,000, which was remitted to the Plaintiff by Defendant B on May 10, 2006, may not be deemed to have been returned to Defendant B as the loan agreement between the Plaintiff and the Plaintiff.

7. 50,000,000 C 8 July 15, 2006 8, 2000,000,000 B on July 10, 2006 to 9 August 2, 2006, 10,000 C 10,000 C 10 August 3, 2006 to 11, 2006, 113, 20,000 C 12,16, 16, 200,000 C 12,000 C 13, 200,000 C 13,200 C 13,200 C 13,000 C 13,200,000 C 13,000,000 C 13,000 C 18,207, 2008,207, 2008

16. B 30,000,000 B 17, 20,000 on June 12, 2008 and 18, 19,850,000 B on February 13, 2009 and B 19,850,000 on May 12, 2009, H 2000 H on May 12, 2009, 200 H 264,000 on July 264, 2000 B 21, 200,000 C 20,000 C 29 on October 29, 200, 200 C may not be deemed to have been returned to Defendant B through Defendant J on February 9, 2011, and may not be deemed to have been returned to the Plaintiff as the loan was remitted to Defendant B to the Plaintiff on May 7, 2009.

Total 547,614,00 [Grounds for Recognition] No dispute, Gap evidence 5 through 16,6,7,11 (including paper numbers), Eul evidence 6, each order to submit each financial transaction information to the National Bank of this Court, one Bank, IBK Investment Securities, Nonghyup Bank, Enterprise Bank, Daejeon Livestock Farming Cooperative, and Seogsan Agricultural Cooperative, the purport of the entire pleadings as a result of the order to submit each financial transaction information to the National Bank of this Court, one Bank, IBK Investment Securities, Nonghyup Bank, Daejeon Livestock Cooperative, and Seogup

2. The gist of the Plaintiff’s assertion was as follows: (a) from December 4, 1992 to February 9, 201, the Plaintiff leased KRW 547,614,000 in total to the Defendant B by depositing money into the account of D, C, etc. designated by the Defendant B or Defendant B from February 9, 201.

Therefore, Defendant B paid the Plaintiff KRW 156,614,00,000, excluding the remainder of KRW 391,000,000, out of the above money.

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