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(영문) 창원지방법원 2015.10.30 2013가단82664
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. From the account in the name of the Plaintiff of basic facts to the account in the name of the Defendant, KRW 40 million was transferred on March 17, 2008, KRW 10 million on May 14, 2008, KRW 10 million on May 30, 2008, KRW 10 million on May 30, 2008, and KRW 20 million on June 30, 2008.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4

2. Determination as to the cause of claim

A. The summary of the cause of the claim is that the Plaintiff, as described in the above Paragraph 1, lent money to the Defendant on the pertinent transfer date, and the Defendant is obligated to pay the Plaintiff a total of KRW 80 million (i.e., KRW 10 million (= KRW 10 million) and damages for delay.

B. Determination 1) The facts that KRW 40 million was transferred from the account under the Plaintiff’s name to the account under the Defendant’s name on March 17, 2008 regarding the claim for loans of KRW 40 million on March 17, 2008 are as seen earlier. The following circumstances, which are acknowledged by comprehensively considering the overall purport of the pleadings in each statement No. 7-1 and No. 2, are as follows: (i) the Defendant submitted to the Defendant on June 15, 2010 to the police officer who investigated the Plaintiff’s work embezzlement, etc.; (ii) the purpose of using KRW 40 million on March 17, 2008, KRW 300,000,000,000 to the Defendant on March 17, 2008, KRW 2008,000,000 on behalf of the Plaintiff on December 2, 2014.

However, evidence Nos. 8-1, 2, 9-1, 2, 11-1, 1, 2, 3-4, 18, 5, 6, 7-1 through 5, 7-2.

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