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(영문) 의정부지방법원 2016.12.08 2015가단20216
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Plaintiff respectively lent KRW 5,00,000,000 to the Defendants on July 13, 2006, and KRW 5,000,000 on August 22, 2006, and KRW 5,000,00 on August 24, 2006.

B. Therefore, the Defendants are obligated to pay the Plaintiff the remainder of KRW 21,000,000,000, after deducting the said loan from KRW 9,000,000, and the delay damages therefor.

2. Determination

A. According to the evidence No. 1 to No. 3 of this case, the court below found that the Plaintiff remitted each of the above amounts to Defendant B’s account as KRW 20,000,000 on July 13, 2006, KRW 5,000,000 on August 22, 2006, and KRW 5,000 on August 24, 2006, and KRW 5,000,000 on August 24, 2006. However, in the case of remitting money to another person’s deposit account, the remittance may be based on various legal causes, so whether the Plaintiff agreed to lend each of the above amounts between the Defendants and the Defendants.

B. According to the evidence evidence No. 4, the Plaintiff transferred KRW 12,00,00 among KRW 20,00,000, which was transferred to Defendant B’s account on July 13, 2016, to D; KRW 3,100,000; KRW 1,000,000 on July 14, 2016 to E; KRW 2,000 on July 15, 2016; KRW 00,000, which was transferred to F; KRW 1,30,000,000, which was transferred to Defendant B’s account on August 22, 2016; KRW 20,000,000, out of KRW 5,000, which was transferred to Defendant B’s account; KRW 20,000,000, which was deposited to Defendant B’s account; and KRW 20,708,206,000, which was withdrawn from each of the Plaintiff’s account.

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