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(영문) 수원지방법원안양지원 2016.12.29 2014가단20576
대여금
Text

1. Defendant E’s KRW 16,00,000 as well as 20% per annum from May 5, 2015 to September 30, 2015, and the following.

Reasons

The Plaintiff asserted against Defendant B, through F on March 20, 2007, transferred the amount of KRW 20 million to Defendant B through the Plaintiff.

On March 30, 2013, upon Defendant B’s request, the Plaintiff repaid the amount of KRW 10 million to G in subrogation of the Plaintiff on March 30, 2013 and lent the amount to Defendant B.

Defendant B is obligated to pay the Plaintiff the above loan amount of KRW 30 million and its delay damages.

Judgment

Whether to lend KRW 20 million on March 20, 2007 or KRW 1,000,000, the evidence No. 1 is merely the details deposited in the bank account of F on March 20, 2007, and it is insufficient to recognize that the Plaintiff lent KRW 20 million to the Defendant B in the same manner as the Plaintiff claims, and there is no other evidence to support the above lending.

On March 30, 2013, whether to lend KRW 10 million to Defendant B is difficult to believe as it is, and there is no evidence to prove otherwise that the Plaintiff lent KRW 10 million to Defendant B by means as alleged by the Plaintiff.

The plaintiff's claim against the defendant B is dismissed.

The Plaintiff asserted against Defendant C on October 14, 2009 that the Plaintiff lent KRW 15 million to Defendant C.

Defendant C is obligated to pay the Plaintiff the above loan amount of KRW 15 million and the delay damages.

Judgment

The fact that the Plaintiff’s new bank account (Account Number H) was transferred from October 14, 2009 to the Defendant’s national bank account (Evidence No. 3-1 and No. 4) is recognized (Evidence No. 3-1 and No. 4). However, the above fact alone is insufficient to recognize that the said money was a loan, and there is no other evidence to acknowledge it otherwise.

The plaintiff's claim against the defendant C is dismissed.

The Plaintiff asserted against Defendant D on April 16, 2012 that the Plaintiff lent KRW 5 million to Defendant D.

Defendant D is obligated to pay the Plaintiff the above borrowed amount of KRW 5 million and its delay damages.

Judgment

The fact that from the Plaintiff’s new bank account (Account Number H) on October 14, 2009, the transfer of KRW 15 million from the Defendant’s national bank account to the Defendant’s national bank account is recognized (Evidence A 3-1, however, above).

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