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(영문) 수원지방법원 2021.02.15 2019가단25710
대여금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s money in the instant table Nos. 1 to 8 (hereinafter “the instant table”) as indicated below (hereinafter “the instant table”) refers to the money in the instant table No. 1 for example, when referring to the money in the instant table No. 1.

A total of 70,000,000 won was deposited into the Defendant’s account or paid in cash.

On October 30, 2009, 100 5,000,000 2. 7,000 on October 31, 201, 201, deposited into the account under the name of Defendant C Cooperatives (D) under the name of Defendant E Bank (F) on April 31, 2010 3,000 3,000,000, deposited into the account under the name of Defendant E Bank (F) on May 10, 201 0, 000, 000, 000, 000, 100, 000, 00, 000, 000, 00, 000, 00, 00, 000, 00, G bank account under the name of Defendant E Bank (F) on June 27, 2011; 0, 000, 005, 007, 10,006.

B. Meanwhile, the Defendant paid to the Plaintiff KRW 1,00,000 on August 30, 201, KRW 3,800,000 on September 6, 2011, KRW 7,100,000 on the aggregate from January 31, 201 to December 26, 2014, KRW 1,000,000 on January 14, 2015, KRW 50,000 on February 27, 2015, KRW 50,000 on March 17, 2015, KRW 10,000 on the aggregate of KRW 10,00 on June 12, 2017, KRW 10,000 on the account or total of KRW 10,000 on the account; and

【Unfounded Grounds for Recognition】 In the absence of dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, 4, 5, 9, 12 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. Of the money of the Plaintiff’s assertions, the sum of KRW 60,000,000,000, out of the sequences 1 through 7, is the amount that the Plaintiff lent to the Defendant.

In that sense, the Plaintiff received only KRW 24,900,00 from the Defendant during the period from August 30, 2011 to August 20, 2019, and the Plaintiff received only KRW 24,90,00 from the Defendant. Therefore, the Defendant remaining 35.

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