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(영문) 대구지방법원 2015.08.27 2015나3981
대여금
Text

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. Determination as to the cause of claim

A. The Plaintiff asserted that the Plaintiff loaned 12,4930,00 won to the Defendant over 33 occasions from January 19, 2004 to June 11, 2014, and 5,750,000 won over 11 times from March 13, 2006 to January 18, 2007, respectively, and was paid KRW 81,90,00 from the Defendant. Therefore, the Defendant is obligated to pay the remainder of the loans to the Plaintiff ( KRW 12,4930,5750,00) and damages for delay.

B. 1) From January 19, 2004 to June 11, 2004, the Plaintiff wired KRW 30 million to the Defendant’s wife account, and withdrawn KRW 94.9 million in total from the Plaintiff’s account to the Plaintiff’s cashier’s checks over 22 occasions. 2) The Defendant borrowed money from the Plaintiff at the Plaintiff’s request from January 2004 to June 2004, when operating D’s event company from January 2004 to June 2004. At the Plaintiff’s request, around September 2004 or October 15, 2004, the Plaintiff borrowed KRW 60 million from the Plaintiff’s mother E on March 15, 2004 to the Plaintiff (hereinafter “the Plaintiff’s principal and interest KRW 300,000,000,000,000,0000,000).

3) From October 15, 2004 to January 21, 2010, the Defendant remitted 52,50,000 won in total to E’s account from E’s Lee Dong’s father’s or Dong G’s account to E’s account. From November 30, 2004 to November 30, 2004, the Defendant remitted 52,50,000 won to the Plaintiff’s account. Meanwhile, the Defendant transferred 160,000 won on March 26, 2007, 222,00 won on January 14, 2009, 2580,000 won on May 25, 2009, and 14,50,000 won on June 13, 2009 to the Plaintiff’s account.

In addition, the Defendant’s account from G to the Plaintiff’s account on June 5, 2009, KRW 3.5 million on August 6, 2009, KRW 1 million on August 6, 2009, KRW 1.5 million on January 18, 2010, KRW 3 million on February 8, 2010, and February 2, 2012.

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