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(영문) 수원지방법원여주지원 2016.06.09 2015가단22597
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. On June 13, 2014, the Plaintiff leased KRW 90 million to E through C on June 13, 2014, transferred part payment of KRW 150 million to E by the seller, 50 million (hereinafter “D apartment”).

On June 11, 2014, the Plaintiff returned the remainder of KRW 90 million to the Defendant. Therefore, the Plaintiff leased the remainder of KRW 90 million.

B. On July 30, 2014, the Plaintiff sold Dongdaemun-gu Seoul Metropolitan Government F and 103 (hereinafter referred to as “F apartment house”) that it held in title C, to G. On January 24, 2014, he/she transferred KRW 100 million to G on January 27, 2014, which he/she transferred KRW 50 million out of which he/she transferred to the He/she’s veterinary cooperative account. On March 28, 2014, the Plaintiff transferred KRW 230 million to G, and transferred KRW 87 million to H’s account on April 30, 2014.

On May 15, 2014, the Plaintiff deposited KRW 90 million from H’s account to H’s other accounts and transferred installment savings to H. On July 30, 2014, the Plaintiff wired KRW 90 million to the Defendant that the purchase fund of D apartment was insufficient.

C. On August 13, 2014, the Plaintiff leased KRW 45 million to the seller E’s wife on August 13, 2014: (a) transferred KRW 17 million to the seller E’s wife; and (b) paid KRW 2 million; (c) among them, the Defendant lent KRW 34 million to C’s account and the Plaintiff’s obligation to the Defendant, excluding KRW 30 million, and KRW 45 million.

The defendant of the interest agreement shall pay 40,000,000 won (a), (b), and (c) interest per month on loans of KRW 145,00,000,000,000 per annum, which is 3.31% per annum.

E. The Plaintiff, the Defendant is a simple female, C is the Plaintiff’s children, and H is the Plaintiff’s wife.

2. Determination

A. According to the written evidence evidence Nos. 2 and 4 regarding the claim for KRW 90 million for loans on June 13, 2014, the Plaintiff’s agricultural bank account was transferred from June 13, 2014 to the national bank account of KRW 150 million on June 13, 2014; and on the same day, KRW 150 million was transferred from the account of C to E; and the Defendant on June 11, 2014.

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