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(영문) 인천지방법원 2019.02.13 2018나4949
대여금반환
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasoning of this court regarding this part of the judgment on the instant defense is that of the judgment of the court of first instance, it is identical to the part on the “principal safety defense” under paragraph (1). Thus, it is acceptable to accept it as it is in accordance with the main sentence of

2. Judgment on the merits

A. Basic facts 1) The Defendant is the Plaintiff; ① KRW 1,00,000,000 on December 7, 2013; ② KRW 3,000,000 on a total of KRW 2,00,000 on December 23, 2013 (hereinafter “instant first loan”).

(2) On January 15, 2014, the Defendant sent KRW 10,000 (hereinafter “the instant money”) to C (hereinafter “Nonindicted”) on January 15, 2014.

The instant money was transferred from the account in the name of the Defendant’s spouse (D) to the account in the name of Nonparty’s parent (F).

3) The Defendant, on January 17, 2014, KRW 27,000,000 (hereinafter “instant second loan”) to the Plaintiff.

(4) On July 18, 2014, the Plaintiff transferred KRW 40,000 to the Defendant, separate from the above amount, KRW 680,000,00.

(hereinafter “instant refund”) remitted the refund amount.

The refund of this case was transferred from the account under the name of the Plaintiff’s female student to the account under the name of the Defendant.

Accordingly, the Plaintiff fully repaid the sum of KRW 30,000,000 [the sum of KRW 27,000,000 (the first loan in this case)] of the instant loans 1,20,000 (the second loan in this case)

[However, there is a dispute between the parties as to whether or not the plaintiff lent the amount of KRW 10,00,000 [the amount of KRW 10,000 (the refund in this case)-30,000 (the refund in this case - 1, 200), which is the difference between the refund in this case and the loan in this case]

B. The Plaintiff 1’s assertion is the Plaintiff.

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