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(영문) 서울남부지방법원 2020.10.16 2019가단259009

대여금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. In full view of the facts without dispute, Gap evidence Nos. 1 through 4, the whole purport of the pleadings is as follows: ① was remitted from the account in the name of non-party C to the defendant on May 25, 2002; ② was remitted from the account in the name of non-party D to the defendant on February 28, 2012; ③ was remitted from the account in the name of the plaintiff non-party D to the defendant on April 30, 2013; ③ was remitted from the account in the name of the plaintiff to the defendant on April 30, 2013; and the facts that the plaintiff and the defendant are female.

2. The Plaintiff asserts that: (a) upon request of the Plaintiff to the Plaintiff, the Plaintiff remitted the money of KRW 30 million to the Defendant; (b) the Plaintiff transferred the money to the Defendant; and (c) in the passbook in the AB used by the Plaintiff, the amount of KRW 25 million to the Defendant was transferred to the Defendant, respectively.

In relation to this, the Defendant: (a) when the Plaintiff was awarded a successful bid of F 1794 square meters in the name of Pakistan-si around October 1994, the Defendant, while lending KRW 30 million to the Plaintiff, set up a right to collateral security of KRW 60 million in the name of the Defendant and D; and (b) terminated the above collateral security and received reimbursement of KRW 30 million on February 2002; (c) transferred the money of KRW 2012 and 2013; or (d) transferred the money of KRW 2013 to the effect that the Plaintiff and the Defendant donated the money of KRW 30 million.

3. The burden of proving that each of the instant transfers was a loan between the Plaintiff and the Defendant is the Plaintiff. However, the evidence submitted by the Plaintiff alone is insufficient to recognize the said assertion, and there is no other evidence to acknowledge it.

4. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.