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(영문) 전주지방법원남원지원 2015.05.13 2013가단3331
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. On July 29, 2012, the Defendant was deceased C’s son on July 29, 2012, and C’s property was solely inherited (C’s denial is D, son is the Defendant, and son is E.

2) F is the same as C, and the Plaintiff is the F’s denial.

F was appointed on January 15, 2002 as the representative director of theG farming association.

B. On November 10, 2008, with respect to the remittance of KRW 20,000,000, KRW 20,000 was transferred from the two Saemaul Bank Account under the Plaintiff’s name (hereinafter “Plaintiff Account”) to the Agricultural Cooperative Account in C’s name (hereinafter “C Account”).

C. 1) Net Chang-gun’s Account in the name of G Farming Corporation on April 29, 2009 (hereinafter “G Farming Corporation Account”) 60,000,000 won.

(2) On April 30, 2009, the Plaintiff’s account was deposited KRW 60,000,000 (the part of the above KRW 80,000,000) in the Plaintiff’s account on April 14, 2009, and approximately two minutes thereafter, KRW 60,000,000 was transferred from the Plaintiff’s account to C account from approximately 14:20 on the same day.

H Farming Fish Cooperative Corporation's real estate acquisition 1) On September 19, 2008, H Farming Fish Cooperative Corporation was established as the representative director on September 19, 2008. 2) H Farming Fish Cooperative Corporation completed the registration of transfer of ownership on the ground of sale (68,50,000 won on the register) on December 15, 2009 with respect to the YY I, J, K, and L land (pre-owner M) on January 22, 2010.

3) On June 18, 2012, the said I and J lands were merged into the K land. On the same day, K land was classified into a fish farm and its land category was changed into a fish farm (hereinafter the above NN land was combined into “fishing ground site”).

2) 【Ground of recognition】 without any dispute, Gap 1 through 9, Eul 1 and 2 (each entry including number, fact-finding results of fact-finding on the head of the net Gun of this court, the result of this court’s order to submit financial transaction information to the president of the two Saemaul Depository, the purport of the whole pleadings

2. The portion claimed for loans of KRW 20,000,000;

A. The Plaintiff’s summary of the Plaintiff’s assertion is due and interest by remitting KRW 20,00,000 to C on November 10, 2008.

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