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(영문) 서울동부지방법원 2014.09.16 2014가단797
대여금
Text

1. The Defendant: (a) KRW 19 million to the Plaintiff; and (b) 5% per annum from February 9, 2014 to September 16, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff and the defendant met around 2007 and went away from that time.

B. The Plaintiff remitted the Plaintiff’s money to the Defendant under the pretext of purchasing the Defendant’s game equipment.

(1) On January 8, 2010, the Plaintiff transferred KRW 200,000,000 to the Defendant’s account in the name of the Defendant’s bank account from the Plaintiff’s comprehensive bank account to the Defendant’s bank account. From that time to April 16, 2011, the Plaintiff wired KRW 31,90,000 to the Defendant’s account.

(2) On January 14, 2010, the Plaintiff transferred 2,5350,000 won to an enterprise bank account or national bank account under the name of the Defendant from that time to November 27, 2012, including deposit of 50,000 won from the bank account under the name of the Plaintiff to the corporate bank account under the name of the Defendant.

(3) On January 19, 201, the Plaintiff, from the national bank savings account in the name of the Plaintiff, deposited KRW 200,000 from the savings account in the name of the Defendant to the corporate bank account in the name of the Defendant, and transferred KRW 2,870,000 from that time to December 1, 2012.

(4) On June 13, 2012, the Plaintiff transferred KRW 270,000,000 from the corporate bank account under the name of the Plaintiff to the corporate bank account under the name of the Defendant, including deposit of KRW 1,50,000 from that time to October 31, 2012, to the corporate bank account or the national bank account under the name of the Defendant.

C. The Plaintiff and the Defendant came to take the account of around December 2012.

[Grounds for Recognition: Evidence Nos. 1 through 3, Evidence No. 2, and the purport of the whole pleadings]

2. The parties' assertion

A. The Plaintiff’s assertion was asked by the Defendant to lend the purchase cost, etc. of game items. From around 2007 to December 2, 2012, the Plaintiff loaned KRW 78,014,850 in total to the Defendant 78,014,850, by remitting or delivering in cash money money for rent, game equipment purchase cost, boomed price, oil value, funeral expenses, automobile maintenance expenses, vehicle maintenance expenses, game equipment expenses, money, time limit, container price, container price, vehicle purchase cost, and drinking water. Thus, the Defendant lent KRW 78,014 to the Plaintiff.

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