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(영문) 수원지방법원 2015.08.25 2015가단100675
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The party's assertion and judgment

A. The Plaintiff asserted by the parties: (a) the Defendant demanded that the Plaintiff lend money to the Plaintiff via C, which is the Plaintiff’s husband; and (b) the Defendant lent KRW 33.9 million in total to the Defendant, including KRW 4.4 million on March 24, 2011; (c) KRW 20 million on April 6, 2011; (d) KRW 5.5 million on April 28, 201; and (e) KRW 4 million on June 2, 2011; and (e) the Defendant claimed payment of KRW 5 million and KRW 28.9 million on the remainder of the loan and delay damages.

In regard to this, the Defendant and C, and D together invested in E Co., Ltd. (hereinafter “Nonindicted Company”), and the Defendant asserted that it was paid as attorney fees and deposit money in connection with civil and criminal litigation arising between F and the former representative director of the Nonparty Company, and that it was not borrowed from the Plaintiff.

B. Comprehensively taking account of the overall purport of arguments as to evidence Nos. 1, 1, 1 through 8, and 12 (including branch numbers), the Plaintiff’s account under the Plaintiff’s name to KRW 4.4 million on March 24, 2011, KRW 20 million on April 6, 2011, KRW 5.5 million on April 28, 201, KRW 33.9 million on June 2, 201, and KRW 63.9 million on the account of the Defendant’s name to KRW 1,50,000 on the Plaintiff’s name to KRW 6.5 million on the Plaintiff’s name to KRW 1,50,000 on the Plaintiff’s name to KRW 1,50 on the Plaintiff’s name to KRW 1,500 on the Plaintiff’s name to KRW 1,500 on the Plaintiff’s name to KRW 281 on the Plaintiff’s name to the Defendant’s name to which the Defendant had used the Defendant’s name and KRW 28100.

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