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(영문) 서울중앙지방법원 2016.08.26 2016가단5009158
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserts that from June 4, 2001 to November 6, 2007, the plaintiff lent a total of KRW 118,375,50 to the defendant at a high interest rate of KRW 118,375,50. Among them, the defendant repaid KRW 40,297,50, and thus the remaining amount of KRW 78,078,00 is claimed to pay the loan.

On the other hand, the defendant asserts that, among the money received from the plaintiff, the amount inside and outside KRW 1 million was traded as entertainment expenses, and the amount inside and outside KRW 10 million was not a share investment or a share loan made by the plaintiff and the defendant in China company.

2. Determination

A. The Plaintiff’s account of Defendant Bank was KRW 1,000,500 on June 4, 2001, and the same year

8.1. 350,500 won, and the same year;

8.7.2,200,500 won, and the same year;

8.14.1,800,500 won, and the same year.

8. 16.2,00,500 won, and the same year.

8. 25.1,200,500 won, and the same year.

9.5. 3,00,500 won, and the same year;

9. 820,500 won on 15. 820,000 won on 10.23.23, 100,500 won on 5, 2002, KRW 5,001,00 on 5, 2002, KRW 25,000 on 12. 25,000 on 202, and KRW 10,000,00 on 16. 8.16. 207; and

8. 24.25,000,000 won, and the same year.

8. The fact that the Defendant remitted KRW 45,297,500 to the Plaintiff’s bank account from March 18, 2009 to December 6, 201, that the Defendant remitted KRW 150,000 to the Plaintiff’s bank account, such as sending almost KRW 150,000 per month to the Plaintiff from March 2009 to December 6, 201, was not in dispute between the parties, or that the fact that the Defendant remitted KRW 45,297,50 to the Plaintiff’s bank account from April 18, 201 to September 25, 2015 is recognized by each entry in the evidence A

(1) The plaintiff's transfer of KRW 5 million to the defendant on October 25, 2002. However, according to Gap's evidence No. 1, the defendant transferred KRW 5 million to the plaintiff's bank account on October 25, 2002.

However, in light of the following facts and circumstances acknowledged by the purport of the entire pleadings in each of the above evidence and evidence Nos. 1 through 8, it is insufficient to recognize that the Plaintiff lent the above money to the Defendant only with the above details of remittance, the statement of No. 4 through 7, and the witness C’s testimony, and there is no other evidence to acknowledge otherwise.

1. The plaintiff is the defendant.

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