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(영문) 부산지방법원 2015.08.20 2014가합9956
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on loan claims

A. The party's assertion that the plaintiff received a request from the defendant to lend the purchase fund for D apartment stores (hereinafter "D apartment shop") on the land outside Busandong-gu C and one other (hereinafter "D apartment shop"), and took out a loan of KRW 450,000,000 from the plaintiff and the defendant to the defendant as security and lent KRW 225,00,000 among this, to the defendant, and thereafter, lent KRW 10,000 on March 18, 2013 and KRW 39,000,000 on the total amount of KRW 10,000,000 to the defendant.

The defendant asserts that no money was borrowed from the plaintiff, and 39,000,000 won received around March 2013 from D apartment shops and D apartment shops were donated from the plaintiff.

B. The judgment is based on the following facts: (a) the Plaintiff and the Defendant own each 1/2 share of E commercial building between mother and child; (b) the Plaintiff and the Defendant as the principal debtor as a security; (c) obtained the same loans from the NAF as the “loan” column as indicated below; (d) the D apartment shop’s purchase was concluded as indicated below and the ownership transfer registration was completed in the Defendant’s name; (d) the Plaintiff paid KRW 39,00,000,000 in total to the Defendant on March 18, 2013; or (e) the Plaintiff paid KRW 39,00,000,000,000 to the Defendant pursuant to the following evidence: (a) there is no dispute between the parties; (b) the D apartment shop’s purchase was completed as indicated below; and (c) the Plaintiff’s payment of KRW 1 (including the serial number; hereinafter the same shall apply) through 4,14, and 303.

On November 29, 2000,000 won on December 2, 1998, when the lease deposit for a lessee was returned on November 29, 2002, the amount of KRW 82,00,000 on November 14, 2001; November 29, 2002; November 4, 2002, the amount of KRW 150,000 on February 28, 2002; KRW 119,000,000 on April 27, 2005; and KRW 10,000,000 on April 27, 200; and KRW 78,50,000 on November 4, 200; and KRW 78,50,00 on the refund of the lease deposit for a lessee; and KRW 730,50,000 on Nov. 14, 202; and

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