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(영문) 춘천지방법원강릉지원 2020.06.30 2019나200
대여금
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1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Summary of the parties' arguments;

A. The Plaintiff, upon Defendant C’s request, is in charge of accounting affairs in the “D” substantially operated by Defendant C, the father of Defendant C, with the representative on his/her business registration certificate, transferred KRW 10,000,000, which is a part of the vessel repair cost, to Defendant B upon the request of Defendant B, and claimed that the Defendants would jointly pay the amount of KRW 13,712,360 from September 11, 2018 to September 21, 2018.

B. As to this, the Defendants asserted that the Plaintiff, while in charge of accounting affairs in the “D”, kept the FF association repayment reserve or funds provided by Defendant B, only took charge of the transfer of necessary funds according to Defendant B’s instruction, and that the Defendants did not lend the said money to the Defendants.

2. Determination

A. According to the overall purport of the statements and arguments set forth in subparagraphs A through 3, it is recognized that ① the Plaintiff remitted KRW 10,000,000 to E from the account opened in the H association principal branch under the name of his husband G to May 3, 2018, and the “information on deposits” in the “information on deposits” in the written confirmation of the details of transactions related to the above remittance was written “D”. ② the Defendant spent KRW 296,750 in the I convenience store from September 11, 2018 to September 21, 2018; ③ the Defendant spent KRW 296,750 in total from the I convenience store from July 28, 2018 to September 5, 2018.

In light of these facts, it is ratified that the Plaintiff spent the total of KRW 13,712,360,00 in relation to the operation of “D” from May 3, 2018 to September 21, 2018.

B. Furthermore, whether the money remitted or disbursed as above is the Plaintiff or the Plaintiff.

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