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Reasons
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(영문) 수원지방법원 2017.12.07 2017나8972
대여금
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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. Summary of the parties' arguments;

A. From August 16, 2012 to June 18, 2014, the Plaintiff: (a) lent a sum of KRW 10,559,440 to the Defendant by transferring money necessary for settling the credit card use price under the Defendant’s name with the Defendant’s deposit account; and (b) thus, the Defendant is obliged to pay the Plaintiff the loan amount of KRW 10,559,440 and the delay damages.

B. The Plaintiff, under his own name, opened a private teaching institute C, established a corporation D, and practically operated the said private teaching institute and company, and the Defendant lent credit cards in the name of the Defendant to use the said private teaching institute and company for the operation of the said private teaching institute and company to E with a usual friendship.

After that, the Plaintiff transferred money necessary to settle the use of credit cards in the name of the Defendant used to pay the payment for the use of the credit card in the name of the Defendant, with E’s possession upon the request of E, to the deposit account in the name of the Defendant used to pay the use of the credit card. Therefore, the Plaintiff cannot be deemed to have lent the money transferred to the Defendant’s deposit account to the Defendant.

2. Determination

A. According to the purport of Gap evidence 1-1-3 and all pleadings (including the fact that there is no dispute), the plaintiff transfers the amount of money to the deposit account in the name of the plaintiff in the name of the defendant from August 16, 2012 to June 18, 2014, to the deposit account in the name of the defendant FFFFFFFF 2013-05-16,869, to the deposit account in the name of the defendant 2014-05-154, 414,707, to the deposit account in the name of the defendant 2012-08-163,70,000,000 to the deposit account in the name of the defendant 2013-06-206-4, 2013-18-4, 2014-4, 2014-16-4, 2014-16-4, 2014-14-6.

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