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Reasons
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(영문) 인천지방법원부천지원 2016.10.26 2015가합102261
대여금
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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The fact that the Plaintiff remitted money to an account under the name of the Defendant as stated in the remittance statement below is not disputed between the parties, or can be acknowledged by taking into account the following facts, the records in subparagraph 1, the results of the order to submit financial transaction information to the Nonghyup Bank Co., Ltd. of this Court, and

on June 14, 200 28,500,00 on June 14, 2005 14, 200 ; 3. 14,00,00 on June 17, 2005 3. 29,00 on August 29, 2005 ; 5,00,00,00 on February 5, 200, 200 on May 19, 200 ; 192,00,000,000 on May 21, 2007; 19,00,000,007 on July 45, 2007; 200,007; 200,000 on July 16, 2007; 2008;

2. Summary of the plaintiff's assertion

A. Since the Plaintiff lent money in the remittance statement to the Defendant, the Defendant is obligated to pay the Plaintiff the total amount of KRW 847,820,000 and the delay damages therefor.

B. Selectively, the Defendant is obligated to return 847,820,000 won in total and interest thereon, as it gains a profit equivalent to the amount stated in the remittance statement without any legal ground and thereby causes damages equivalent to the same amount to the Plaintiff.

3. The fact that the determination of the claim for a loan is insufficient to recognize each amount indicated in the remittance statement as “loan to the Defendant” solely on the basis of the facts stated in paragraph (1), and there is no other evidence to acknowledge it.

Rather, comprehensively taking account of the aforementioned evidence and the result of the submission of each of the financial transaction information to the Korea CF Bank, the Gyeyang Agricultural Cooperative, and the Korean National Bank Co., Ltd. in this court: ① the Plaintiff totaling KRW 33,900,000 from May 2002 to November 2003; KRW 31,400,000 in total to the KF bank account in the name of C around November 2005; and KRW 31,40,000 in the name of the KF bank account in the name of C from December 205 to December 2007.

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