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(영문) 의정부지방법원 2017.03.31 2016가단26761
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole in the statements in Gap evidence Nos. 1, 3, 4, and 10, Gap evidence No. 2 (except for the part in the defendant's name), Gap evidence No. 7-1, 2, Eul evidence No. 1, 2, and 3.

From the Plaintiff’s account to the Defendant’s account, KRW 14.25 million was transferred from August 12, 2014 to the Defendant’s account, KRW 4.4 million on September 12, 2014, and KRW 19 million on January 15, 2015.

B. The loan certificate in the name of the Defendant (hereinafter “the loan certificate in this case”) was prepared on September 12, 2014, and the loan certificate in this case stated that the Defendant borrowed KRW 20 million on September 12, 2014, and the loan certificate in this case bears the Defendant’s seal affixed thereon.

C. On April 20, 200, the defendant completed the registration of a disabled person as the second degree of brain-disease disability.

The defendant was divorced from D on December 21, 2010.

E. On December 31, 2010, the Defendant completed the registration of ownership transfer in the future of F with respect to the size of 73 square meters in Seoul Jung-gu E, Seoul.

F. On August 11, 2014, the Defendant completed the registration of the establishment of a neighboring mortgage, a national bank, a corporation holding the right to collateral security, with respect to the building of 552 square meters in Chungcheongnam-si and its ground on the Nam-gu, Namyang-si, the debtor, with respect to 26 square meters in Nam-si, Namyang-si, and H road of 76 square meters in Nam-si.

2. Judgment on the plaintiff's claim

A. (1) The Plaintiff: (a) remitted KRW 14.25 million to the Defendant’s account; (b) granted KRW 1.75 million in cash; and (c) lent KRW 20 million to the Defendant. The Defendant prepared the instant loan certificate and delivered it to the Plaintiff.

In other words, the Plaintiff transferred KRW 19 million to the Defendant’s account to the Defendant and additionally lent KRW 19 million to the Defendant.

Since the plaintiff was paid KRW 9 million from the defendant among the total amount of KRW 39 million lent by the plaintiff, the defendant is obligated to pay the remaining loans of KRW 30 million and damages for delay.

As to this, the defendant borrowed 39 million won from the plaintiff, or objection.

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