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(영문) 인천지방법원부천지원 2016.04.20 2014가합5790
대여금 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are married couple, and the defendant is the plaintiff B's words.

B. The Defendant, around 2004, managed Plaintiff B’s one bank passbook (Account Number E) in which the Plaintiffs were located in China.

There are the following withdrawals in the above account:

On May 28, 2004, the 5,000,000 mutual installment payments of 31 December 30, 2004, the 200. 5,00,000 mutual installment payments of 30,000 mutual installment payments of 1.30,000,000 units payment on July 30, 207, 200, 18. 20,000 units payment on July 18, 2007, 200, 200, 1000 units payment on August 10, 200, 200, 200, 2000 units payment on August 10, 200, 200, 100 units payment on August 10, 2000, 300, 100 units payment on June 27, 2009; and

C. There are transfers, such as the entry in [Attachment 2] below the Plaintiffs’ account.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3, Eul evidence 1 to 3 (including various numbers), the purport of the whole pleadings

2. Determination as to Plaintiff A’s claim

A. The summary of the Plaintiff’s argument 1) Plaintiff A lent KRW 20,000,000 to the Defendant as shown in [Attachment 2] Nos. 1 through 3. As such, the Defendant is obligated to pay the Plaintiff the loan amount of KRW 20,000,000 and delay damages therefor. (2) The Plaintiff paid KRW 205,00,000 to the Defendant upon the Defendant’s recommendation that “The purchase of good real estate has already been made.”

However, since the purchase price of G and H real estate purchased from the above funds exceeds KRW 70,000,000, the defendant is obligated to return the purchase price of KRW 135,000,000 to the plaintiff and pay damages for delay.

B. Determination on the loan claim [Attachment 2] No. 1-3.

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