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(영문) 서울중앙지방법원 2018.07.19 2017가단5183305
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant came to know through a friendship group from around 2000.

B. The plaintiff, on June 8, 2009, 10 million won with the defendant's bank account (20:14:48, 600,000 won, 4,000 won, 20:16:14, 200,000 won, 20:14, and 4,000,000 won,

9. 30 million won and 10 million won were remitted to each other on the 18th of the same month, and on the other hand, C, the Plaintiff’s seat, remitted on June 8, 2009 to the Defendant’s account.

C. Meanwhile, on June 12, 2009, the Defendant remitted KRW 3 million to the Plaintiff’s account.

[Ground of recognition] Unstrifed facts, Gap 1 through 3 evidence, Gap 5, 6 evidence, Eul 2 and 4 evidence, response results against the order to submit financial transaction information to Korean banks, the purport of the whole pleadings, as a whole.

2. Determination on the cause of the claim

A. The plaintiff's assertion (1) that the defendant should pay 30 million won to the plaintiff about June 8, 2009, by phoneing to the plaintiff about June 19, 2009, and if the plaintiff lent it, the plaintiff will pay up to June 12, 2009, which is accepted by the plaintiff and the basic facts.

1.(b)

As stated in paragraph (1), the Plaintiff transferred KRW 10,000,000 to 3 million.

However, the Defendant again called the Plaintiff at around 9:00 p.m. on the same day to lend 20,000 won in addition to the above 3,000 won to the Plaintiff, and paid the full amount by June 12, 2009.

Accordingly, the plaintiff extended money from the other party on June 9, 2009 to the foundation.

1.(b)

like the same paragraph, 30 million won was remitted and 700,000 won was not loaned for money.

(2) On June 12, 2009, the date on which the defendant promised to pay 43 million won.

1.(c)

As stated in paragraph (1), the remainder was paid in full with the payment of 3 million won.

However, on June 18, 2009, if the sale price is 10,000 won or more, and the sale price is refunded, all of the existing loans shall be paid at the same time after 10 days after the completion of the implementation schedule related to the sale.

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