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(영문) 대전지방법원 천안지원 2018.08.30 2018가단2017
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On May 28, 2014, the Plaintiff claims payment of KRW 80 million for the above loan and delay damages for the loan, asserting that the Plaintiff, at the time, deposited in the deposit account in the name of the Defendant, deposited the CY in the name of the Defendant and lent it to the Defendant who operated the CY as a partnership with D.

The defendant asserts that from January 2014, the plaintiff and his husband E used the deposit account in the name of the defendant from around January 2014, when operating the above Criju station, and that the plaintiff was merely deposited into the deposit account in the name of the defendant on May 28, 2014, and thus the defendant did not borrow the above money from the plaintiff.

2. In full view of the following circumstances: (a) No. 1 and 4 certificates (including serial numbers; hereinafter the same shall apply) are written; and (b) as a result of the order issued to submit financial transaction information to F Co., Ltd. to the Defendant on May 28, 2014, the Plaintiff deposited KRW 80 million in the deposit account under the Defendant’s name on May 28, 2014; (c) it is acknowledged that the Plaintiff deposited KRW 2, and No. 1 and No. 6 were comprehensively aware of the overall purport of the pleadings; (d) the fact-finding certificate (Evidence No. 2) submitted by the Plaintiff submitted by the Plaintiff was written that the Defendant borrowed KRW 8,00,00 from the Plaintiff while operating the C gas station in the same manner as D and D; (e) it is difficult for the Defendant to transfer the money to the Defendant under the Defendant’s name (Evidence No. 1 and No. 2).

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