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(영문) 인천지방법원부천지원 2015.09.18 2014가합9532
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s transfer to the Defendant and the Defendant’s respective transfers from June 22, 2012 to July 23, 2012, as indicated in Table 1 below, to the Defendant’s account. The Defendant wired the money transferred from the Plaintiff to the Defendant’s account designated by C and C for the same period as indicated in the said Table.

[Attachment 1] The money wired from the Plaintiff’s account from the Plaintiff’s account to the Defendant’s account (the account in the name of the remittance) to the Defendant’s account (D) KRW 28 million on June 22, 2012, KRW 7.1 million (C) KRW 55 million on June 25, 2012, KRW 35 million on July 23, 2012, KRW 500,000 (E) KRW 183 million on July 23, 2012, KRW 500,000 (F) KRW 5 million on July 23, 2012.

B. C’s remittance to the Defendant and the Plaintiff was as listed in Table 2 below, from July 25, 2012 to February 15, 2013, to KRW 1,734,00,000 from the Defendant’s account. The Defendant wired money transferred from C to the Plaintiff’s account for the same period as indicated in the said Table.

[Attachment 2] The money wired from the account, such as Nos. 2, C to the Defendant’s account (transfered account) from the Defendant’s account to the Plaintiff’s account shall be KRW 3.2 million (C) on July 25, 2012, KRW 3.5 million on August 23, 2012, KRW 3.5 million (G) on August 23, 2012, KRW 3.320,00 won (H) 3.3.3.2 million on August 28, 2012, KRW 4.1 million on December 4, 2012, KRW 5.3 million on December 3, 2012, KRW 3.3 million (C), KRW 1.4 million on December 3, 2012, KRW 1.3 million on December 3, 2017, KRW 7.1 million on December 7, 2012, KRW 7.3 million on each of the grounds (C)

2. The plaintiff asserts that the defendant borrowed KRW 183,00,000 from the plaintiff for the purpose of the payment of the intermediate payment and the balance of the I apartment unit sold by the defendant, and that the defendant sought the payment of the money stated in the purport of the claim to the defendant.

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