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(영문) 서울중앙지방법원 2017.06.15 2015가단172344
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The gist of the Plaintiff’s assertion: (a) on October 26, 2005, the Plaintiff lent KRW 40 million to the Defendant’s passbook account; and (b) around that time, the Plaintiff directly lent KRW 20 million in cash.

Nevertheless, on October 31, 2005, the Defendant received KRW 10 million from the Defendant by account transfer, and 22 million was repaid through the Plaintiff’s wife C (Divorce on December 10, 2014) at an irregular time.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 28 million (i.e., KRW 40 million - KRW 10 million - KRW 22 million) and damages for delay.

B. The gist of the defendant's assertion: on October 26, 2005, the defendant (Ulsan) borrowed KRW 40 million from the plaintiff (Seoul resident) who was the Dong-dong branch on the same day, and on October 31, 2005, the defendant immediately repaid KRW 10 million to C by means of account transfer on October 31, 2005, and thereafter repaid KRW 22 million to the plaintiff who was the plaintiff's wife, and the remaining KRW 80 million from November 28, 2005 to April 22, 2006 paid to C by account transfer or payment to the plaintiff's head of Tong six times as between November 28, 2005 to April 22, 2006.

2. Issues and judgments

A. In light of the above allegations by the parties, the issue is whether the plaintiff additionally lent the "cash of KRW 20 million" to the defendant and whether the defendant has repaid the remaining amount of KRW 8 million to the defendant, etc. In light of the following circumstances, there is no ground to assert that the plaintiff additionally lent cash of KRW 20 million to the defendant, and since the defendant paid the remainder of KRW 8 million out of the loan of this case, the plaintiff's assertion is without merit.

B. The Plaintiff’s determination as to whether the Plaintiff additionally lent 20 million won to the Defendant.

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