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Reasons
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(영문) 부산지방법원 2018.05.18 2017나9289
대여금
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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The Plaintiff’s assertion that: (a) the Plaintiff loaned KRW 10 million to the Defendant on October 20, 201; (b) KRW 5 million on December 1, 2011; and (c) KRW 20 million on December 2, 201; and (d) the Defendant paid only KRW 10.8 million on December 2, 201; and (b) the Defendant is obliged to pay the remainder of the loan to the Plaintiff and its delay damages.

It was true that the Defendant received KRW 20 million from the Plaintiff on each of the above dates. However, the said money was lent to C by the Plaintiff through the Defendant, and the Defendant transferred all of the above KRW 20 million to C, and C thereafter asserts that, while engaging in continuous transactions with the Plaintiff, C paid the above amount directly to the Plaintiff.

As to this, the Plaintiff asserts that the direct transaction with C was conducted after December 14, 201, and that the amount paid to the Defendant from October 20, 201 to December 2, 2011 was not lent to C but lent to the Defendant.

2. Facts of recognition;

A. The Plaintiff remitted to the Defendant KRW 10 million on October 20, 201, KRW 5 million on December 1, 2011, and KRW 20 million on December 2, 201, KRW 500 million on December 2, 201, and KRW 10 million on October 20, 201. The Defendant remitted to C each of the KRW 10 million on October 20, 201, and KRW 10 million on December 2, 201.

C. C: (a) KRW 400,000,000 won on November 14, 201, 201; and (b) KRW 5 million on December 12, 201, KRW 33,000,000,000 on December 30, 201, KRW 100,000 on December 302, 201; and (c) KRW 4,200,000,000 on December 12, 205, 201, KRW 5,000,000 on December 98, 201, KRW 37,000 C in total, KRW 10,80,000 on December 13, 2011.

B. Money transferred by the Defendant or C to the Plaintiff by December 13, 2011 is as listed below:

C. Meanwhile, C was convicted on October 12, 2012 due to the following criminal facts.

[In the case of Busan District Court Branch 2012 Ma2055, 2363, 2498, 3252 (each combination)] C, on December 14, 2011, on the part of the Plaintiff at the Busan District Court Busan District Court dong Branch 2012 Ma205, 2363, 2498, 3252 (each combination)), shall pay the card to the Plaintiff through telephone, and shall receive the cash service again within the limit of 100,000 won per day with interest of KRW 10 million per day.

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