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Reasons
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(영문) 대구지방법원포항지원 2016.10.11 2015가단3615
대여금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. From January 6, 2010 to March 25, 2011, the Plaintiff wired the total of KRW 18,729,000 to the Defendant’s account from among the accounts in the name of female C and Chok D actually used by himself/herself.

B. The Plaintiff, on behalf of the Defendant, prepared each of the following authentic deeds between E and F:

under section 1 to 4 of this case is a notarial deed

(2) On March 14, 201, the date of the No. 5,000 won from the date of borrowing the loan from the creditor on March 3, 2010 to the date of borrowing the loan, KRW 3,000,000 on March 201, 201, F on May 7, 2010, KRW 7,5,000 on March 14, 201, F. 4,000 on March 14, 201, F. 5,000 on March 22, 2012, F. 5,000 on February 20, 201, F. 5,000,000

C. Between January 11, 2010 and February 18, 2011, the Defendant transferred KRW 17,195,000 from its Daegu Bank Account (Account Number G and H) to C’s account, and KRW 8,902,00,00 in total from its own Nong Bank Account over 20 occasions between April 8, 201 and April 19, 201.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1 to 5 (including provisional number), the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) The Defendant is obligated to pay KRW 22,63,00 in total to the Plaintiff according to each of the following arguments. However, the Plaintiff was paid KRW 14,416,00 out of the above money. As such, the Plaintiff sought payment of KRW 8,247,000 in total, including the remainder of the loan, and delayed payment for the aforementioned amount. ① The Plaintiff lent KRW 18,729,00 in total to the Defendant from January 6, 201 to March 25, 2011 by means of transferring KRW 18,729,000 in total to the Defendant’s account from C and D’s account, and ② on December 6, 2010, the Plaintiff paid KRW 834,000 in total to the Defendant’s payment of KRW 3,000 in total by borrowing KRW 3,00,000 from the Plaintiff’s principal and interest on KRW 10,010.

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