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(영문) 수원지방법원성남지원 2016.01.20 2015가단5308
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The details of the deposit and withdrawal under the name of the Plaintiff and the Defendant are arranged in the order of time as follows.

1) The Plaintiff transferred KRW 10,00,000 to the deposit account in the name of the Defendant as “C” on November 16, 2012. The Defendant transferred KRW 10,000,000 on the same day to the deposit account in the name of Nonparty D, and deposited KRW 4,000,000 in cash. 2) On November 16, 2012, the Plaintiff again transferred KRW 10,000 to the Defendant’s deposit account in the name of Nonparty E, and the Defendant transferred KRW 4,50,000 to the Defendant’s deposit account in the name of Nonparty E on the same day. The Defendant transferred KRW 5,00,000 to the Nonparty’s deposit account in the name of Nonparty F on November 20, 2012, respectively.

3) The Plaintiff, on November 21, 2012, indicated the depositor as “C” and transferred KRW 10,000,000 to the deposit account in the name of the Defendant, and the Defendant transferred KRW 10,000,000 to the deposit account in the name of D on the same day. 4) On November 22, 2012, the Defendant transferred KRW 1,000,000 to the deposit account in the name of D and indicated “D 2.5 million” to the account in the name of D.

B. The Plaintiff and Nonparty G, around 2012, took charge of the interior works of the main points run by D.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2 (including all of the paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. With respect to the claim that the Plaintiff lent KRW 24,00,000 to the Defendant on November 16, 2012, the Defendant asserted that upon the request of the Plaintiff and G, the Defendant paid KRW 14,000,000 transferred to the account under the Defendant’s name on November 16, 2012, and KRW 10,000,000 transferred on November 21, 2012, as if the Defendant invested in the main points of D operation, and thereafter, D was agreed to pay the said investment directly to the Plaintiff’s side, and that KRW 10,00,000,00 transferred on November 16, 2012, upon the request of the Plaintiff and G, was only used to purchase the necessary test equipment at the Plaintiff’s request.

B. We examine the judgment above.

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