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(영문) 대전지방법원 2020.05.07 2018가단221086
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

(3) In light of the aforementioned legal principles, the lower court did not err by misapprehending the legal principles as to the establishment of a crime, thereby adversely affecting the conclusion of the judgment. In so doing, it did not err by misapprehending the legal principles as to the establishment of a crime, as otherwise alleged in the ground of appeal.

16 through 19 may be recognized by taking into account the respective descriptions of evidence, G testimonys of witnesses, partial testimonys of the J of witnesses and the whole purport of pleadings.

1) The settlement of accounts between the Plaintiff and the Defendant was completed two times. The first settlement of accounts (Evidence 2) is 65,00,000 won to the Defendant from October 9, 2015 to September 12, 2016, and the Plaintiff’s total of KRW 65,00,000 (Evidence 60,000,000) to 0.0,000,000 won and KRW 20,000,000 won and KRW 10,000,000 won and KRW 10,000,000 won and KRW 10,000,000, KRW 10,000 and KRW 20,000 are 0,000 and KRW 10,000,000 and KRW 10,000,000 before the settlement of accounts as follows:

The money indicated as “H 20 million won” in the 3rd settlement statement refers to the money that G transferred to the Defendant’s account in the name of H by raising KRW 200 million for acquisition price under the instant contract by the Plaintiff and G with each of the KRW 100 million. G means the money that G transferred to the Defendant’s account.

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