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(영문) 서울서부지방법원 2019.11.01 2018가단237223
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Around 2004, C, who is the Defendant’s ancillary, purchased a building F of Yongsan-gu, Seoul and ten parcels of E (hereinafter “instant real estate”) and paid 272,729,000 won to the members’ contribution.

On December 27, 2006, the said money was determined to pay KRW 40,90,350, respectively, on April 21, 2007, on August 21, 2007, on December 21, 2007, on which December 21, 2007, on which the said money was paid.

On the other hand, on March 31, 2010, registration of ownership preservation was completed in the name of C on the instant real estate.

B.1) On December 8, 2005, G Union accounts (H) were opened under the name of C on the same day, and KRW 10,000 was deposited on the same day. The said account under the name of C was deposited with the said amount of KRW 24 million on December 13, 2005, KRW 20 million on December 22, 2005, KRW 36 million on January 10, 2006, KRW 30 million on January 17, 2006, KRW 120 million on the deposit account under the name of C on January 17, 2006, KRW 160,000 on the deposit account under the name of the Plaintiff’s 1.5 billion on January 26, 2006, KRW 200,000 on the deposit account under the name of the Plaintiff’s 1.6 billion on the deposit account under the name of the Plaintiff’s 1.6 billion on January 26, 2006.

The term deposit account of this case was terminated on January 26, 2007, and the principal amount of KRW 100 million and interest amount of KRW 4,328,309 (after tax) was deposited.

3) On January 26, 2007, in the name of C, the account of 100 million won of term deposit (Account Number: L. 3 months of contract period, applicable interest rate: 4.1% per annum) and the account of 4,328,309 won of term deposit (Account Number: Ma: one month of contract period: one month of contract period: the applicable interest rate: 3.5% per annum) was each opened in the name of C. The above account of 100 million won was designated as an automatic transfer account in the name of I, and the above account of the said G association in the name of I was deposited in the above account of the said G association in the name of I.

The account of the above KRW 100 million was terminated after the maturity of May 2, 2007, and the principal amount was paid to KRW 100 million and interest.

The above 4.

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