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(영문) 서울남부지방법원 2014.11.25 2014가합6917
대여금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion is accompanied by the Plaintiff. ① From 2003 to 2012, the Defendant settled KRW 139,937,137 with a credit card borrowed from the Plaintiff as shown in attached Table 1; ② from January 3, 2005 to June 5, 2012, the Plaintiff transferred KRW 58,083,180 from the Plaintiff’s account to C, etc.; and the Defendant received KRW 17,561,250 from November 23, 2007 to September 28, 2012 to the Defendant’s account; and around April 2007, the Plaintiff transferred KRW 9,64,430 from the Plaintiff to the Plaintiff’s account without the Plaintiff’s permission.

However, not only the amount that the Plaintiff lent to the Defendant as a deposit but also the amount that the Defendant settled with the Plaintiff’s credit card or the amount that was transferred from the Plaintiff’s account to the Defendant or another person’s account was leased to the Defendant. As such, the Plaintiff seek payment of damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the total sum of the amounts in paragraphs (1) through (3) above against the Defendant, as the return of the loan to the Defendant.

2. According to each statement in the judgment of the court below, Gap 1, 2, and Eul 4 (including each number, hereinafter the same shall apply) as alleged in the plaintiff's account, it is recognized that the amount (However, the No. 6 in the annex No. 1 appears to be "502,240 won" and the No. 61 in the annex No. 5 in the annex No. 3 shall be deemed to be the settlement price of "on-site card" rather than "non-sorl card," and the "No. 0, Jan. 0, 2009" in the annex No. 5 in the annex No. 3 shall be deemed to be a clerical error in the credit card payment or transferred to the defendant or another person's account.

However, even if the plaintiff's statement on the second day for pleading of this case is based on the statement to the defendant.

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