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(영문) 수원지방법원용인시법원 2016.09.01 2015가단10142
청구이의
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 March 7, 2005, the Defendant remitted KRW 30 million to the bank account under the Plaintiff’s name (hereinafter “the instant money”). The Plaintiff transferred the money to the Defendant on May 25, 2006, the same amount as KRW 2 million, to the Defendant.

C. On November 10, 2006, the amount of KRW 3 million, KRW 7 million on June 29, 2006, and KRW 4 million on November 10, 2006 was remitted.

B. On July 1, 2014, the Defendant brought a lawsuit by asserting that the Plaintiff was obligated to pay the remainder of KRW 14 million and damages for delay, even though the Plaintiff borrowed KRW 30 million from the Defendant, and that the Plaintiff was obligated to pay the remainder of KRW 14 million to the Defendant. On December 14, 2014, the Plaintiff did not object to the instant decision on performance recommendation on December 30, 201, and thus, the said decision on performance recommendation became final and conclusive as it is.

[Reasons for Recognition] Uncontentious Facts, Entry B in Evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. Determination of the parties' arguments

A. The plaintiff asserted that the defendant transferred 30 million won to the plaintiff on March 7, 2005, to the plaintiff as a loan to the plaintiff, and the plaintiff is C living together with the defendant at the time. Since C received money from the defendant using the account in the name of the plaintiff and deposited money to D with the purchase price of land, it is not the plaintiff's lending of money from the defendant.

B. In the following circumstances, the Plaintiff transferred a certain amount of money to the Defendant from February 2, 2006 to September 2006, the Plaintiff asserted that C borrowed money from the Defendant to purchase land (F, G) under the name of the title trustee, but the registration of transfer of ownership in the name of E was already completed on February 22, 2005, and the instant money was transferred on March 7, 2005 to March 7, 2005.

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