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(영문) 서울동부지방법원 2016.11.09 2016가단11487
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s judgment on the Plaintiff’s claim is the cause of the instant claim, and the Plaintiff’s judgment on the claim amounting to KRW 100,000,000 on June 3, 2014, and the same year.

7.2. The Plaintiff asserts that 200,000,000 won was lent each by lending KRW 1,00,000,000,000. As such, comprehensively taking account of the overall purport of the pleadings in each of the descriptions of lives, Gap evidence 1, Gap evidence 2, Gap evidence 20, Gap evidence 220, Eul evidence 22, and Eul evidence 4 through 8 (including each number), the Plaintiff’s national bank account (E) in the Defendant’s name upon Nonparty D’s request, with the whole purport of the pleadings.

7.2. 2. 1,00,000 won was remitted, and D at the time was in operation of the “G sexual surgery” in Gangnam-gu Seoul, Seoul, and was employed as an employee by the Defendant. However, since D was in bad credit standing, it can be recognized that it was using the above national bank account in the name of the Defendant with the Defendant’s consent. However, it is insufficient to recognize that the Plaintiff lent KRW 200,000 to the Defendant, and there is no evidence to acknowledge otherwise.

Therefore, the plaintiff's above assertion is without merit.

2. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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