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(영문) 인천지방법원 2020.09.17 2018나7368 (1)
대여금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

Reasons

1. The parties' assertion

A. On March 22, 2010, the Plaintiff asserted 10,000 won loan of KRW 10,000,000,000, the Defendant lent KRW 20,000 to D by borrowing KRW 20,000 from C. In order to repay to C, the Defendant borrowed KRW 10,000 from E through the Plaintiff’s passbook, and the Plaintiff borrowed KRW 10,00,000 from the Plaintiff. On March 22, 2010, the Plaintiff transferred KRW 20,000 to the Defendant. Of these, the Plaintiff lent KRW 10,000,000 to the Defendant and lent KRW 10,000,00,000, excluding KRW 10,000,000 deposited from E to the Defendant on behalf of the Defendant, the Plaintiff did not have any legal obligation to return KRW 10,000,00 for 0,000,00 as miscellaneous gains without any legal obligation.

B. On June 15, 2010, the Plaintiff asserted KRW 10,000,000, the Plaintiff paid KRW 10,000,000 to F, respectively, without the Plaintiff’s permission. The Defendant claimed that the Plaintiff paid KRW 10,00,000 to the Plaintiff on June 15, 2010. The Defendant did not pay KRW 10,000,000 to the Plaintiff on June 17, 2010.

C. On June 25, 2010, the Plaintiff asserted 10,000 won loan of KRW 50,000,000 from F, the Defendant borrowed KRW 50,000 from F so that D may deposit KRW 50,000 with the Plaintiff in the name of the repayment of the loan to be repaid to the Plaintiff. D did not pay the above amount to the Defendant, and F urged the Defendant to pay the above amount to the Defendant.

The defendant borrowed money to the plaintiff so that he can repay the borrowed money to F.

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