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(영문) 인천지방법원부천지원 2014.09.26 2013가합7119
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Transfer from the Plaintiff’s account under the Plaintiff’s name of KRW 5 million on November 1, 201 to the Plaintiff’s account under the Plaintiff’s name of KRW 10 million on November 1, 201, to the Plaintiff’s account under the Plaintiff’s name of KRW 10 million on November 1, 2011, the transfer from KRW 150 million on November 15, 201 to the Plaintiff’s account under the Plaintiff’s name of KRW 15 million on November 16, 201; KRW 50 million on November 16, 2011 to the Plaintiff’s account under the Plaintiff’s name of KRW 14 million on November 16, 201; KRW 6 million on KRW 100,000 on KRW 1.5 million on November 18, 2011 to the Plaintiff’s account under the Plaintiff’s name of KRW 100 million on KRW 100,01.2 million on the Plaintiff’s account.

A. The Plaintiff and the Defendant are pro rata, and the Defendant served as the head of the division at “D” operated by C at the time of monetary transfer as follows.

B. From November 9, 2011 to December 5, 2011, the Plaintiff remitted to the Defendant a total of KRW 170 million over 13 occasions as shown in the following table.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 4, Eul evidence 3, the purport of whole pleadings

2. The plaintiff asserts that the plaintiff remitted the above 170 million won to the defendant, and the defendant again lent the above money remitted from the plaintiff to C, so the defendant is obligated to return the above loan to the plaintiff.

The defendant asserts that the plaintiff lent the above KRW 170 million to C, however, the defendant only connected the plaintiff with C while working in a lending business operated by C, and that the plaintiff did not borrow the above money from the plaintiff.

3. Determination A, Nos. 5, 6, 7, 8, and 8.

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