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(영문) 수원지방법원 2018.02.14 2016가단45751
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant joined two units, including 11 and 30 million won, from October 30, 2012 to August 30, 2013, the Plaintiff joined two units, including 11 and 2,000 won (the Defendant would be entitled to receive an advance payment on November 30, 2012) and 8 (the Defendant would receive an advance payment on May 30, 2013). In other words, the Plaintiff again joined 11 and 2,000 won, from September 30, 2013 to July 30, 2014 (the Defendant would receive an advance payment on October 30, 2013), and 6 (the Defendant would receive an advance payment on May 28, 2014, etc.).

B. The above fraternitys are required to pay KRW 300,000 per month before the fraternity receives the fraternitys, and to pay KRW 330,000 per month following the receipt of the fraternitys. The Defendant paid part of the time limit money of the above four sectors under the name of Nonparty C, who is one’s own kys.

C. On October 30, 2012, the Defendant deposited KRW 2.5 million in the Plaintiff’s bank account from his own bank account to the Plaintiff’s bank account, and until December 3, 2015, the Defendant deposited KRW 136,50,000 in total from his/her and his/her bank account to the Plaintiff’s bank account, and paid KRW 6.3 million in cash on December 28, 2012, and paid KRW 12,450,000 in total on four occasions, including paying KRW 12.455 million in cash.

The Plaintiff’s deposit of KRW 4 million with the Defendant’s bank account on November 7, 2012, as well as the period during which the said two accounts were operated and immediately thereafter, KRW 17 million on November 30, 2012, KRW 20 million on May 31, 2013, KRW 400,000 on October 4, 201 of the same year, KRW 12 million on November 1, 2014, KRW 10 million on March 3, 2014, and KRW 10 million on March 3, 2014;

4. 8.1 million won, and the same year;

4. A total of KRW 91.5 million, including KRW 4.5 million on January 4, 202, and KRW 10 million on October 1 of the same year, and Nonparty D, the Plaintiff’s husband, deposited KRW 5 million on January 4, 2013 into the Defendant’s bank account.

E. Meanwhile, on February 28, 2010, the Defendant issued and delivered to the Plaintiff a promissory note with a face value of KRW 20 million, and on March 5, 2014, the Defendant paid KRW 20 million up to December 31, 2014 as the surety.

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