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(영문) 의정부지방법원 2015.08.26 2015가단6777
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 14, 2010, the Plaintiff lent KRW 5 million to the Defendant, setting the due date as of December 31, 2010, and setting the due date as of December 31, 201. On September 8, 2011, the due date for repayment was set as of November 7, 201, and lent KRW 3 million to the Defendant.

B. On January 25, 2012, the Defendant prepared to the Plaintiff a certificate of complete payment stating that “The above B would have been fully paid to the Plaintiff in all its debt relations. It is a receipt of the definition of the million won in Japan, and will not be accused of the civil lawsuit.” On the same day, the Plaintiff prepared a written complete payment to the Defendant stating that “The above C would complete its debt relations with B. It would have received the full payment in the name of the Defendant.” On the same day, the Plaintiff wired KRW 19 million to the Defendant’s account through the Defendant’s account, one’s father’s wife’s wife’s wife’s ancillary on the same day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3-1, 2, and 8, Eul evidence No. 4 (Supplementary evidence, the plaintiff's defense that the above document was made by duress. However, the statement No. 7, the witness witness evidence's testimony alone is insufficient to recognize it, and there is no other evidence to acknowledge it) and the purport of the whole pleadings.

2. Determination as to the cause of action

A. The Plaintiff’s assertion that around January 2012, 2012, the Plaintiff: (a) the Defendant’s husband and her husband and her husband are illegal bond business operators; (b) threatened the police to report her death to the Plaintiff; and (c) allowed the Plaintiff to waive the Plaintiff’s loan claims; and (d) transferred KRW 19 million to the Defendant on January 25, 2012, the Defendant should return the amount of KRW 19 million to the Plaintiff as unjust enrichment.

In addition, the Plaintiff asserts that the Defendant is obliged to pay the Plaintiff the loan amounting to KRW 8 million (=5 million won) since the Plaintiff lent each of the loans to the Defendant, KRW 5 million on December 14, 2010, and KRW 3 million on September 8, 2011.

B. Determination 1: (a) the statement of evidence Nos. 2, 3, 5, 6, 7, and 8; and (b) the witness D’s testimony alone are the Defendant.

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