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(영문) 수원지방법원 2016.04.28 2015나35086
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. On April 19, 2013, the gist of the Plaintiff’s assertion: (a) the Plaintiff remitted KRW 500,000 to the Defendant’s deposit account again on May 7, 2013; (b) on April 18, 2013, KRW 1 million to the Defendant’s deposit account; and (c) on April 19, 2013, the Plaintiff borrowed KRW 300,000,000 from the Plaintiff’s deposit account to the Plaintiff’s cashier’s checks of KRW 100,00 per face value; and (d) on May 7, 2013, the Plaintiff borrowed KRW 10,00 from the Plaintiff’s deposit account to the Defendant with three cashier’s checks of KRW 100,00 per face value; and (e) on May 7, 2013, the Defendant borrowed KRW 300,000,000 to the Plaintiff without having agreed to pay the amount to the Defendant.

2. Determination

A. First, the Plaintiff’s transfer of KRW 500,00,000 to the Defendant’s deposit account, and KRW 700,000,000,00 to the Defendant’s deposit account, and the fact that the Plaintiff leased KRW 1.2 million to the Defendant is no dispute between the parties.

B. Next, according to the following purport: (a) as to whether the Plaintiff lent KRW 1.8 million to the Defendant by issuing 180,000 won’s cashier’s checks to the Defendant on April 18, 201; (b) as to the Plaintiff’s deposit account, the Plaintiff withdraws KRW 1,00,000 from the Plaintiff’s deposit account to KRW 10,00 won per face value; (c) as to the Plaintiff’s deposit account, KRW 3,00,000 won per face value from KRW 1,00 won per book; (d) as to the Plaintiff’s cashier’s checks from May 7, 2013 to KRW 10,00 per face value; and (e) as to the Plaintiff’s deposit account, the Plaintiff withdraws KRW 1,00,000 per face value from KRW 30,00,00 per book value, 300,000 won per face value per book, 30,000 won per book.

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