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(영문) 수원지방법원 2015.11.26 2014나44748
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Judgment on the plaintiff's assertion

A. The plaintiff's assertion 1) between April 7, 200 and April 15, 2009, the plaintiff loaned the above money to the defendant by remitting 13,300,000 won from the bank account under the name of the defendant to the account under the name of C, which was designated by the defendant, on April 15, 2009, and the remainder of 1,300,000 won was repaid by the defendant, and the defendant lent 15,00,000 won to the defendant on August 24, 2009.

According to the records of Gap evidence No. 4-2, with respect to loans of KRW 10 million and claims for interest funds of KRW 300,000 per month, the plaintiff was 10,000 won on April 7, 2009, and the same month.

9. The fact that one million won is remitted to the defendant, and the money was remitted to C on April 15, 2009. However, the following circumstances, other than the money remitted to C as above, the plaintiff sent 2.5 million won from the Japanese bank account under the plaintiff's name on the same day to C in addition to the money remitted to C, and there is no ground to view that only part of the money remitted to the same day is a loan. The witness C of the party concerned concluded a lease agreement between the plaintiff to set the lease deposit amount of KRW 15 million with the public charges, etc. on April 15, 2009, but deducted the remainder of 1,450,000 won after deducting public charges, etc. on April 15, 2009.

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