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(영문) 서울중앙지방법원 2014.12.19 2013가단342767
대여금 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On May 30, 2005, the Plaintiff’s summary of the Plaintiff’s assertion determined and lent KRW 45 million to the Defendant at interest rate of 10% per annum, and thus, the Defendant is obligated to pay that amount.

2. Determination as to the cause of claim

A. According to the statement in Gap evidence No. 1, the fact that the amount of KRW 45 million was transferred from the account under the plaintiff's name to the account under the defendant's name on May 30, 2005 is recognized.

B. However, each of the statements in Gap evidence Nos. 4, 2, 3, 4, and 6 (including each number), together with the purport of the entire pleadings, is acknowledged as follows; ① The plaintiff's principal C had a monetary transaction relationship with the defendant several times during the teaching process; ② C applied for a payment order of KRW 167,50,000 against the defendant in 2010, and the payment order became final and conclusive on June 25, 2010 (Seoul Central District Court 2010 tea4,458); the plaintiff was succeeded to the execution clause; ③ the defendant filed a lawsuit against the plaintiff for non-permission of compulsory execution within the above payment order (Seoul Central District Court 201,3685, 2014). The defendant's claim against the defendant for non-permission of the above payment order until the Seoul Central District Court 205,000,000,000 won was 250,000,0000 won.

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