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(영문) 청주지방법원 충주지원 2017.01.11 2016가단694
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the parties' arguments

A. Plaintiff’s assertion 1) The Plaintiff loaned KRW 5,00,000 to the Defendant on May 11, 2009, KRW 30,000 on June 11, 2009, KRW 5,000 on September 12, 2009, KRW 200,000 on July 2, 2009, KRW 30,000 on October 2, 2009, KRW 60,00 on October 14, 209, and KRW 10,000 on October 14, 209, KRW 30,000 on the loan to the Defendant on May 14, 200, KRW 200 on the loan of KRW 30,00 on October 27, 200, KRW 10 on the loan of KRW 30,00 on October 27, 209, respectively.

4) Therefore, the Plaintiff, as the primary claim for a loan against the Defendant, is the conjunctive claim for damages arising from a joint tort with E, and as such, sought payment of KRW 71,305,950 (= KRW 35,800,000 + KRW 5,505,950 + KRW 30,000 + KRW 30,000,000 + damages for delay.

B. The Defendant asserted that he had been in charge of accounting affairs in a convalescent hospital operated by E from April 2009.

E borrowed money from the plaintiff for the remodeling construction of the convalescent Hospital, and because the debt is so large that it is impossible to trade in the name of the principal, it is using the defendant's account, and the defendant does not borrow money from the plaintiff.

In addition, the defendant did not deceiving the plaintiff.

2. Determination:

A. According to each of the evidence Nos. 1, 2, 3, 10, 16, and 13, the judgment of the primary cause of the claim (claim) is examined. C., the Plaintiff’s wife.

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