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(영문) 전주지방법원 2015.09.03 2014나8113
대여금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff asserted as to the cause of the Plaintiff’s claim, through C, lent KRW 10,000,000 to the Defendant on March 8, 2013, with the due date set as May 9, 2013. The Defendant is not obligated to repay this after the due date. The Defendant is obligated to pay the Plaintiff a loan of KRW 10,000,000 and delay damages.

The Plaintiff asserted that the Defendant delivered KRW 10,000,000 to the Defendant via C around February 2, 2013, but the Defendant alleged that the Defendant received KRW 10,000,000 from C on February 10, 2012, and it is unclear whether the payment period of KRW 10,000 is around February 2013, 2012, but it is not clear whether C issued the Defendant at KRW 10,00,00,000, which was paid by the wife E, does not dispute between the parties as to the facts that the said KRW 100,000,000, which was paid by the wife E, and according to the evidence 8-2 of subparagraph 8-2, E appears to have been the time when the Defendant delivered the said amount to the Defendant on February 10, 2012.

2. The fact that D received KRW 100,000,000 in cash from C on November 201, 201, D’s wife remitted KRW 100,000,00 to C’s account on or around February 10, 2012, and the fact that the Defendant received KRW 10,000,000 from C on or around February 10, 2012 that the Defendant did not dispute between the parties, or that the Defendant is a person, or that the Defendant is a person, or that he was a witness C (excluding the part not trusted) of the trial (including the part not trusted) and E’s testimony may be acknowledged according to each testimony of E.

However, comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 1 and Eul evidence Nos. 4 through 6, 8, 11, and 12 (including branch numbers) and Eul’s testimony of the party witness E, the defendant set the due date for repayment to D on Nov. 13, 201 and lent KRW 200,000,000 as of Feb. 28, 201, and the due date for repayment to D as of Oct. 20, 201, respectively; D, on Apr. 22, 2011, shall deliver to the defendant a written statement to transfer to the defendant all finished products stored in the factory in the Korea Jeju Jeju Jeju Jeju Jeju District Factory.

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