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(영문) 광주지방법원 순천지원 2018.11.29 2018가합10563

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff asserts that from January 8, 2016 to October 18, 2016, the Defendant lent a total of KRW 287,40,000 as shown in the attached list to the Defendant.

According to the evidence Nos. 1 and 1, the Plaintiff alleged that the Plaintiff paid KRW 273,400,000 to the Defendant on March 22, 2016. However, each of the evidence Nos. 1 and 4 alone is insufficient to acknowledge the above assertion, and there is no other evidence to acknowledge it.

section 23(3) of this title.

However, according to the statements in Gap evidence 4-2 and Gap evidence 4-12-2, the plaintiff filed a complaint with the investigative agency to the effect that "the defendant was aware that he would be able to pay money by processing a secret amount of money and by deceiving the defendant to do so," and even during the investigation process, the plaintiff stated that "the defendant would pay money in the form of investment by promising to make a profit." In light of this, it is insufficient to acknowledge the facts of lending the plaintiff's assertion only with the above facts of recognition, Gap evidence 2, and evidence No. 4-5, and there is no other evidence to acknowledge them. Thus, the plaintiff's above assertion is without merit.

Thus, the plaintiff's claim is dismissed as it is without merit.