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(영문) 부산지방법원 2017.10.17 2016가단51794
대여금
Text

1. The defendant (Counterclaim Plaintiff)'s counterclaim is dismissed.

2. The plaintiff (Counterclaim defendant)'s claim on the principal lawsuit is dismissed.

3...

Reasons

Basic Facts

The relationship D of the parties has the first married plaintiff (E), second married F (E), and defendant C (Defendant B) with the third married couple.

H is the plaintiff's incidental, and I is F's children.

On April 14, 2003, Defendant C purchased the instant apartment (hereinafter “instant apartment”) No. 213 Dong 1204 (hereinafter “instant apartment”).

On March 31, 2003, KRW 10,000 was remitted from the Plaintiff’s account to Defendant B’s account.

On March 31, 2003, KRW 10,000 in the name of Defendant B’s account, KRW 5,000,000 in the name of K Company on the same day, KRW 9,000,00 in the name of K Company on July 3, 2003, respectively, was remitted, and KRW 10,000,00 in the name of F on July 3, 2003.

The amount of KRW 17,00,000 on November 17, 2003 was transferred from the Plaintiff’s financial account to F’s I’s account, and KRW 3,000,000 on the same day from the Plaintiff’s financial account to the Plaintiff’s financial account.

From the Defendant C’s account to the Plaintiff’s account, KRW 2,00,000 on the same day was remitted.

On August 31, 2004, KRW 16,700,000 was remitted from Defendant B’s account to I’s account.

On November 1, 2006, KRW 5,000,000 was remitted from the Defendant B’s account to the Plaintiff’s account.

The Defendant B prepared a “B trading statement” (hereinafter “instant trading statement”) containing the Plaintiff’s “b trading statement” that includes “b trading statement” (hereinafter “instant trading statement”) 18,00,000 won from the token type.

[Grounds for recognition] The Plaintiff’s assertion as to the main claim as to Gap’s evidence Nos. 1 through 7, Eul’s evidence Nos. 10, 12, 13, and 34, and the purport of the entire argument as to the main claim of the lawsuit as to the purport of the entire argument was requested to lend the purchase fund to the Plaintiff at the time of purchase of the apartment of this case. The Plaintiff transferred KRW 10,000,000 to Defendant B’s account on March 31, 2003.

Since then, the defendants requested the plaintiff to lend the borrowed money to F to the plaintiff, and the plaintiff is through his own account and his father H's account.

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