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(영문) 서울북부지방법원 2015.08.18 2014나6020
대여금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. From December 27, 2010 to February 14, 2012, the Plaintiff wired the sum of KRW 68,364,000 from the Defendant’s new bank account under his/her name to the Defendant’s single bank account under his/her name.

B. As above, the Defendant remitted KRW 21,680,000 on December 27, 201 to C’s account among the money remitted by the Plaintiff, and KRW 20 million on January 11, 201.

C. Meanwhile, other than the above D’s account, the Plaintiff transferred KRW 30 million to C’s account in the name of July 8, 201, KRW 27 million on September 5, 201, KRW 20 million on October 25, 201, KRW 20 million on October 31, 201, KRW 20 million on October 31, 201, KRW 10 million on November 9, 201, and KRW 17 million on November 17, 201. The Plaintiff received KRW 17 million from C on November 16, 201.

From November 8, 2010 to February 20, 2012, the Defendant remitted the sum of KRW 481,440,000 from the said D’s account to C’s name, and received KRW 501,850,000 in total from C during the period from April 11, 2011 to February 24, 2012.

E. From March 25, 2011 to February 11, 2012, the Defendant remitted KRW 167,440,000 from the said Plaintiff’s account to the said Plaintiff’s name as follows.

F. The defendant is above D.

As stated in paragraph (1), part of the transferred money from C was remitted to the Plaintiff on June 15, 201, and specifically received KRW 1.5 million on the same day, and transferred the same amount on the same day, KRW 32.4 million on August 8, 201, KRW 10 million on the same day, KRW 7.7 million on the same day, KRW 10 million on the same day, KRW 20.8 million on December 20, 201, and KRW 5.7 million on the same day, and KRW 36.4 million on the same day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion transferred money to the above D’s name account and C’s name account upon the Defendant’s request for monetary loan, and the principal from the Defendant.

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