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(영문) 청주지방법원 2016.07.14 2014가단13136

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The plaintiff's assertion is selected as follows. Thus, the plaintiff's assertion is examined as follows.

1) On June 3, 2012, the Plaintiff: (a) lent KRW 6,193,80,00, an amount of money for hospitalized treatment expenses, on behalf of the Defendant, at the time of the Defendant’s entrance into the Hospital by an operation, etc.; (b) several occasions from September 2, 201 to November 30, 201, the Plaintiff lent KRW 37,942,88,00, in total, to C (hereinafter “C”) with the Defendant’s account or the Defendant’s representative director, during several times from June 20, 2012 to August 28, 2013, the Plaintiff leased KRW 1,861,40, in total, the amount of money for maintaining and managing the C’s website to the Defendant’s account; and (c) the Defendant is obligated to lend KRW 37,942,88,746,784,78,78,79, Jul. 16, 2012, 2012.

B) In light of the following circumstances, the Plaintiff and the Defendant were in a de facto marital relationship between January 201 and September 2013, and the Plaintiff appears to have mainly managed the Defendant’s passbook at the time, and the said monetary transaction relationship claimed by the Plaintiff occurred during the period of de facto marriage, it is difficult to readily conclude that the Plaintiff lent the above money to the Defendant. Accordingly, the Plaintiff’s assertion is without merit, and the Plaintiff’s donation did not lend the money that the Plaintiff paid to the Defendant, as stated in the above 1).