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(영문) 광주지방법원 2020.08.21 2019가단20158
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. On September 30, 2017, the Plaintiff and the Defendant transferred KRW 20 million from the Plaintiff’s name account to the Defendant’s name; ① KRW 12 million from the Plaintiff’s name credit account; and ② from the Plaintiff’s name credit account, KRW 3 million from the Plaintiff’s name, KRW 3 million from the Plaintiff’s name, KRW 3 million from the Agricultural Cooperative account; and KRW 14 million from the Plaintiff’s name, KRW 3 million from the Plaintiff’s name, and KRW 20 million from the Agricultural Cooperative account; ③ on January 30, 2019, the Plaintiff transferred KRW 20 million from the Plaintiff’s name.

Meanwhile, the Defendant: (a) from the Defendant’s name account to the Plaintiff’s name account; (b) KRW 2 million on January 25, 2018; and (c) from the same year.

7. 17.10,000,000 won, and the same year.

8.2. 10 million won, per year;

8.3.6 million won, and the same year;

8. Oct. 10, 200, KRW 27,000,000 on December 27, 2018 of the same year, KRW 200,000 on January 31, 2019, and KRW 65,00,000 on February 1, 2019, remitted KRW 2,00,000 to D’s account on October 22, 2018.

B. From March 29, 2018 to September 17, 2018, the Plaintiff transferred KRW 7,9350,000 from the Plaintiff’s or D’s account to E or F’s account.

E transferred 12.5 million won in total to the Plaintiff’s account in the name of the Plaintiff between January 16, 2018 and January 29, 2019.

[Grounds for recognition] The items of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination

A. (1) The summary of both parties’ assertion (1) The plaintiff lent a total of KRW 12,3350,000 to the defendant during the period from September 30, 2017 to January 30, 2019 upon the E’s request by the actual representative of the defendant that he/she would use the Plaintiff’s claim as a fund for the operation of the company. The defendant paid only KRW 79,500,000 among them and did not pay the remainder of KRW 4,385,00.

Therefore, the defendant is obligated to pay to the plaintiff 4,3850,000 won and damages for delay.

(2) The summary of the Defendant’s assertion is only the sum of KRW 42 million transferred from the Plaintiff to the Defendant’s account under the name of the Defendant, and this is merely the same.

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