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(영문) 전주지방법원군산지원 2019.02.14 2017가단50797
대여금
Text

1. Defendant B shall pay the Plaintiff KRW 60,000,000 in lieu of the Plaintiff at the rate of 15% per annum from December 20, 2017 to the date of full payment.

Reasons

1. Determination as to the claim against the defendant B

(a)as shown in the reasons for the attachment of the claim;

(b) Article 208 (3) 3 of the Civil Procedure Act of the applicable provisions of Acts;

2. Determination as to the claim against Defendant C

A. Basic facts 1) Defendant C, as his child, serves as the head of E Middle School Department, and D invested a considerable amount of money to Defendant B until May 2015. 2) Defendant B, around June 2015, stated to F that “I would raise an investment, but would transfer it to F,” and the F sent it to D. Accordingly, Defendant C would inform Defendant C’s account number.

3) On June 22, 2015, the Plaintiff remitted KRW 30 million to Defendant C’s above G bank account, and KRW 20 million on June 25, 2015. 4) D wired KRW 25950,000 to F’s account managed on June 22, 2015. On June 22, 2015, the Plaintiff withdrawn KRW 4050,000 and delivered it to F, and transferred KRW 20 million to F’s account managed by F on June 25, 2015.

5) F remitted KRW 43 million to H, and remitted KRW 1 million to I, J, and K, respectively, and remitted KRW 2,052,00 to L. 6)D filed a complaint against Defendant B on November 201, 2016.

[Ground of recognition] Facts without dispute, entry of Eul 1 to 6 evidence, purport of the whole pleadings

B. The Plaintiff asserts to the effect that Defendant C, together with M and B, sold a lawsuit from the Plaintiff and borrowed KRW 50 million with the money.

The evidence presented by the Plaintiff alone is insufficient to recognize it, and there is no other evidence to acknowledge it.

The plaintiff's above assertion is without merit.

3. In conclusion, the plaintiff's claim against the defendant B is justified, and the plaintiff's claim against the defendant C is dismissed as it is without merit.

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