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Reasons
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(영문) 의정부지방법원 2015.10.30 2015나5348
대여금반환
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1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. The summary of the party’s assertion: (a) the Defendant, at the time of middle of January 201, planned to build a studio on the land D (hereinafter “instant land”) which was the Defendant’s husband at the time of the Defendant’s husband (hereinafter “instant new construction project”), recommended the Defendant to make an investment at a rate of 40% per year; and (b) agreed to make an investment at a rate of 50,000,000 won in the Defendant’s deposit account on February 25, 201; (c) the Defendant, upon the Defendant’s request, transferred KRW 354,40,000, which is part of the interest on loans granted as security, to the Defendant and C, but the Defendant did not settle the profits and investments; and (d) the Defendant’s claim for investment at a rate of 50,000,000 or more, and the Defendant’s claim for the return of the amount of investment at a rate of 50,000 or more.

The defendant alleged that C used the account in the name of the defendant for the new construction business of this case, but he did not participate in the new construction business of this case and did not recommend investment to the plaintiff. Thus, the plaintiff did not have an obligation to settle the investment in the new construction business of this case.

B. In full view of the overall purport of pleadings in the statements in Gap evidence Nos. 1 and 2, and evidence Nos. 4-1, 2, 6, 7, and 9, the following facts are as follows: ① The plaintiff, under the name of the defendant, remitted the amount of KRW 50,00,000 on February 25, 201, and KRW 708,800 on April 19, 201, and KRW 354,400 on June 22, 201, KRW 354,40 on September 354, 201, KRW 354,40 on September 7, 201, and KRW 354,40 on September 22, 2011, and KRW 708,80 on December 28, 2011 to the owner of the land of this case; ② The ownership transfer registration of the land of this case was made on May 1, 2011.

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