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(영문) 의정부지방법원 고양지원 2018.01.18 2016가단85572
대여금
Text

1. The plaintiff's main claim is dismissed.

2. Defendant B shall pay to the Plaintiff KRW 82,030,000 and KRW 17,830,000 among them.

Reasons

1. As to the primary claim, the Plaintiff lent KRW 125 million to Defendant C, but did not receive some loans from Defendant C, and Defendant B concurrently acquired Defendant C’s obligation, and the Defendants are jointly obligated to pay the money stated in the purport of the claim.

According to the statements in Gap evidence 1-1 through 7, it is recognized that the fact that the plaintiff remitted the total of KRW 12,5 million to the account in the name of defendant C, his/her father, his/her father, to December 12, 2014, KRW 40 million, KRW 130 million on February 13, 2015, KRW 620,000 on April 6, 2015, KRW 29,000 on April 29, 2015, KRW 10,000 on June 8, 2015, KRW 5 million on May 6, 2016, and KRW 5 million on May 6, 2016.

However, the following facts or circumstances acknowledged by Gap evidence 3, Eul evidence 4, Eul evidence 5, Eul evidence 1, and Eul evidence 1 and 2 comprehensively considering the overall purport of each statement and argument, namely, that Eul, his wife, (the overall manager of financial transactions on behalf of the plaintiff) first known to the defendant Eul, want to receive interest and want to receive money, and all of the above 12,5 million won were put to the defendant Eul, and used by the defendant Eul. The plaintiff first remitted the above money to the defendant Eul with the defendant Eul's belief that the amusement business place operated by the defendant Eul was 30 million won , and the above money was 30 million won , and it appears that the above money was dried to be used by the defendant Eul to the defendant Eul and it was well known that the above money was used by the defendant Eul (in light of the relations between the plaintiff and the defendants first, 40 million won 4,000 won , and the plaintiff was 100 million won 4,000 won ,00 won .

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