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(영문) 서울중앙지방법원 2015.02.17 2014가단93772
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. The Plaintiff lent KRW 2.5 million to the Defendant B on April 7, 2009, and the above borrowed money was due to ordinary work. Therefore, the Defendant B and his spouse are jointly and severally liable to pay the Plaintiff the above borrowed amount of KRW 22.5 million and damages for delay.

B. In addition, Defendant B, as a person with bad credit standing, was aware of the above KRW 22.5 million by deceiving the Plaintiff as if he was operating the E company under his own name, even though he discontinued 2 of the known points that had been operated under the name of his employee, and was operating the E company under his own name.

2. Determination

A. On April 7, 2009, the Plaintiff transferred KRW 22,500,000 from the instant account to the Defendant C C Bank account (hereinafter “instant account”); and the same year from April 20, 2009 to the Plaintiff’s deposit account.

6. Recognizing the fact that each 1.1 million won has been remitted, 2.6 million won on May 8, 2009, and 10 million won on September 10, 2009.

However, the plaintiff transferred 22.5 million won to the account of this case on January 25, 2009, and the same year

2. 23. and 23. The same year;

3. 20,00 won was remitted from the account of this case to the Plaintiff’s deposit account, and it is difficult to deem that monthly remittance was made as interest on the loan because the monthly remittance was not specified. Thus, it is insufficient to recognize that the Plaintiff lent KRW 22,50,00 to Defendant B. The Plaintiff’s assertion in this part is without merit, as there is no other evidence to acknowledge it.

B. Since there is no evidence to acknowledge that Defendant B, as to the assertion of tort, deceiving the Plaintiff and defrauded the said KRW 22.5 million, this part of the Plaintiff’s assertion is without merit.

3. Thus, the plaintiff's claim against the defendants is without merit, and all of them are dismissed. It is so decided as per Disposition.

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