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(영문) 전주지방법원군산지원 2016.07.08 2015가단6871
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On February 27, 2009, the Defendant remitted KRW 22,000,00 to the Plaintiff. The Plaintiff asserted that the Plaintiff was a loan of KRW 12,00,000 among the above money, and that the remainder of KRW 10,00,000 was paid to the Plaintiff for the marriage expenses of Chok. The Plaintiff paid the above loan KRW 12,00,000 from April 15, 2009 to February 15, 2011, exceeding KRW 15,000,000 and exceeded KRW 3,00,000,000 to the Defendant, and thus, the Plaintiff lent the above loan to the Defendant from October 2008 to January 2, 2013, the Defendant should return the above amount to the Plaintiff instead of the Defendant’s insurance premium.

3) In around 2008, the Plaintiff lent KRW 5,00,000 to the Defendant with the Defendant’s college enrollment fees. 4) The Defendant should pay to the Plaintiff the sum of KRW 16,850,400 ( KRW 3,000,000, KRW 850,400, KRW 5,000) and damages for delay.

B. Since the money alleged by the Plaintiff was either donated to the Defendant or remitted for the Defendant’s wife E’s benefit, the Plaintiff’s assertion is without merit.

2. Determination

A. The Defendant remitted 22,00,000 won to the Plaintiff on February 27, 2009. Among the loans, 12,000,000 won was the remainder of 10,000,000 won was remitted to the Defendant for the marriage expenses of Chok; the Plaintiff, on April 15, 2009, 6,000 won was the Defendant on June 4, 2009; and 50,000 won on September 23, 200; and 50,000 won on September 23, 200; and 200,000 won on October 7, 2009; 200,000 won on July 30, 201; and 10,000 won on July 30, 200; 200,000 won on July 10, 2010; or 30,010 won on each of the Defendant’s pleadings and 20.

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