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(영문) 서울중앙지방법원 2016.06.10 2015가단117569

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 201, the Plaintiff, along with C and D, engaged in the island distribution business in the trade name of E and F, and the Plaintiff established G and engaged in island distribution business.

On the other hand, the defendant established H and run publishing business.

B. The Plaintiff loaned total of KRW 52,00,000 to the Defendant by means of remitting money as indicated below.

On June 10, 201, 1005. 3,000,000 E Account for remittance receipt of the remittance amount on the date of transaction, 201. 6. 29. 20,000,000 Defendant’s account under the name of the Bank of Korea C&C bank on June 29, 201, 201; 5,000,000,000 on August 10, 201, 200 on August 10, 201; 62,00,000 F Account on December 10, 200 on June 19, 201; 5,000,000 under the name of the Bank of Korea on June 4, 200,000 on the aggregate of the accounts under the name of the Bank of Korea C&C bank on June 29, 201; 【No ground for recognition of a dispute as to each of the financial transaction transaction information”

2. Determination on the cause of the claim

A. In addition to the amount described in paragraph (1), the Plaintiff asserts that, by means of remitting KRW 87,00,000 to the account in the name of H operated by the Defendant from October 18, 201 to the account in the name of H operated by the Plaintiff, etc. < Amended by Presidential Decree No. 2328, Oct. 31, 2011; Presidential Decree No. 23284, Oct. 31, 2011; Presidential Decree No. 23283, Oct. 31, 2011; Presidential Decree No. 25074, Oct. 31, 2011; Presidential Decree No. 25035, Oct. 6, 2000>

B. In the instant case where the Defendant asserted that the transfer of money, etc. claimed by the Plaintiff was made through a transaction between the Plaintiff and H, the evidence alone presented by the Plaintiff is insufficient to acknowledge that the money transferred as above was a loan to the Defendant, and there is no other evidence to acknowledge this otherwise.

Therefore, the amount recognized as the Plaintiff lent to the Defendant is 52,00.