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(영문) 인천지방법원부천지원 2019.09.20 2018가합104701
대여금
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a relative with the defendant B, and the defendant C is the former spouse of the defendant B.

B. From September 9, 2013 to June 8, 2016, the Plaintiff lent a total of KRW 380,000,000 (hereinafter “the instant loan”) to Defendant C by means of remitting money to Defendant C’s account (CFD) as indicated in the following table, on up to 19 occasions.

Serial Nos. 15,00 10. 9 100,000 2. 22. 22. 70,000 10,000 3. 6. 30,000 4. 6. 30,000 5,000 5. 17. 17,000 0,000 4. 10,000 6. 30,00 4. 10,00 6. 20,00 4. 20,00 4. 10,000 6. 8,00 4. 20,00 7. 20,00 20,000 7. 20,000 8. 28,000 4. 20,000 ,00 6. 19. 204

C. From October 10, 2013 to October 10, 2018, Defendant C paid a total of KRW 376,150,000 to the Plaintiff over 78 occasions.

Defendant B paid KRW 6,00,000 to the Plaintiff, KRW 2,500,00 on December 9, 2013, KRW 3,500,00 on January 9, 2014, and KRW 6,00,00 in total.

[The defendants' total amount of KRW 382,150,00 (=376,150,000,000)] / [the grounds for recognition] / [the fact that there is no dispute, Gap 2, Eul 1 and 2 evidence (including each number, hereinafter the same as the same), and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s assertion 1) not only Defendant C but also Defendant B is the obligor of the instant loan. Of the instant loan amounts, the Plaintiff loaned KRW 170,00,000,000 to the Defendants on September 9, 2013 and October 22, 2013, each of the loan certificates (in preparing the certificate No. 1, the interest was set at 1.5% per month, and thereafter, lent the remainder of the instant loan under the same condition without preparing a separate loan certificate.

As alleged by the Defendants, the Plaintiff follows the bond business of the Defendants.

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