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(영문) 의정부지방법원고양지원 2014.11.13 2014가단3552
대여금
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. The Plaintiff asserts that the Defendant loaned money to the Defendant under the name of the Defendant’s church operation fund, living expenses, tax payment, and individual debt payment as indicated in the following table, and that the loans No. 4 among them agreed to receive interest at the rate of 17.2% per annum, and that the loans No. 5 agreed to receive interest at the rate of 9% per annum from the Defendant.

For the purpose of lending 10,00,00 won for the temporary loan 10,000 won on November 28, 2008, 4,970,193 won for the operation of the Ciplomatic Association on February 10, 209, "3,8. 5,000,000 won on August 28, 2009, 41,940,000 won on November 13, 2009, 52,30,000 won on December 15, 2009, 6, 3,97,360,000 won on July 1, 2010, 200 for the establishment of the Diplomatic Association, 10,000 won on July 1, 207, 200, 100, 10,000 won for the establishment of the D Educational Association on October 1, 2010, 2013

2. In full view of the overall purport of the arguments in the statements in Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 and 4 (including each number), the facts are acknowledged that the defendant transferred the money recorded in the column to the defendant's account on the date and time of the lease "each of the items stated in the table Nos. 1 through 5", and that the plaintiff transferred the money recorded in the column to the defendant's account, 3,997,360 won on the date stated in the table No. 6 above, to the defendant's account, the defendant held office as the representative of the Diplomatic Association, and the plaintiff transferred the money recorded in the column "on the date of lease" as stated in the No. 7-9 of the above table, and that the plaintiff was entitled to interest in the name of the C church and D church.

However, as to whether the Defendant personally borrowed each of the above money from the Plaintiff, most of the above financial transactions were made in the name of the church, and the Plaintiff was requested by the Defendant to lend the church operation fund and the establishment fund. In light of the above, the Defendant’s transfer of KRW 3,97,360 to its own account and the entries in Gap’s certificate 2-3.

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