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Reasons
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(영문) 서울서부지방법원 2018.07.20 2016가단254545
대여금
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1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Summary of the parties' arguments;

A. The Plaintiff loaned a total of KRW 50,000,000 to the Defendant on seven occasions from June 10, 2015 to June 24, 2015, which was KRW 8,000,000 from the Defendant out of KRW 50,000,000, and KRW 4,000,000 as of August 31, 2016, the sum of KRW 12,00,000,000, as of August 31, 2016;

8. On July 7, 2016, the Defendant asserts that the Plaintiff should pay the remainder of KRW 38,000,000 and delay damages to the Plaintiff, on the ground that he/she received reimbursement on July 7, 2016 from the Defendant’s husband D’s husband’s account.

B. As to this, the defendant asserts that there is no obligation of KRW 50,00,00 for the loan of this case of this case of this case of this case of this case of 50,000, totaling KRW 29,450,000 for the defendant's mother E account, and KRW 53,790,000 for the defendant's husband D's husband's account.

2. Judgment on the defendant's assertion of repayment

A. The facts of recognition (1) from the Defendant’s original EF bank account on August 24, 2015, KRW 2 million on November 16, 198, KRW 2 million on December 17, 198, KRW 2 million on December 31, 198, and KRW 8 million on December 31, 198 were paid to the Plaintiff’s account.

(2) for 2016, E: (a) the amount of whose person is the Plaintiff and the amount thereof; and (b) E:

3.5 million won;

5.26.2340,000 won;

7.2.2 million won;

8.3. Payment of 3 million won;

8.31. The plaintiff paid 4 million won as the attorney fees.

(The above 4 million won does not dispute the plaintiff). Ultimately, the defendant paid a total of 2,434,000 won to the plaintiff through the parent E’s account.

(3) The Defendant’s husband D’s G bank account in the year 2015 paid KRW 1.5 million on December 4, 2015, and KRW 1.5 million on January 15, 2016, ② KRW 1.5 million on January 29, 2016, ② KRW 500,000 on March 21, 2016, ③ KRW 5.4 million on March 21, 2016, ④ KRW 2 million on June 7, 2016, ⑤ KRW 500,000 on July 5, 2016, ⑤ KRW 500,000 on July 5, 2016, KRW 209 on July 7, 2016.

[Grounds for recognition] The contents of evidence Nos. 3 and 4 shall include the purport of the whole pleadings.

B. According to the above fact of recognition, the Defendant is her mother E and her mother in a state of bad credit standing.

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