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(영문) 울산지방법원 2019.12.05 2018가단15740

대여금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On March 10, 2015, the Plaintiff asserted that the Plaintiff lent KRW 37,950,000 to the Defendant, and the Defendant promised to pay the said money to the Plaintiff as soon as possible.

However, on April 10, 2015, the Defendant paid to the Plaintiff the remainder of KRW 5,180,150 under the name of C and/or 2,581,776, and November 12, 2015.

2. The following circumstances revealed in Gap evidence No. 1, Eul evidence No. 1, Eul evidence No. 1, and Eul evidence No. 2 revealed that the plaintiff invested in the investment company D, i.e., the defendant asserted that the money the plaintiff claimed to have been repaid is dividends. The plaintiff asserted that KRW 5,180,150 remitted by the defendant on April 10, 2015 as interest on the loan, but the interest rate is not clearly stated, and it is possible for the defendant to be a dividend on the investment deposit, as alleged by the defendant, in light of the fact that the defendant remitted the money to one won unit. In full view of the circumstances such as the fact that the money of this case alleged to have been lent to the defendant and claimed to have been paid to the defendant by the related parties, the plaintiff is also included in the amount of damage, and there is no evidence to acknowledge the facts of this case as otherwise.

3. The plaintiff's claim is dismissed. It is so decided as per Disposition.