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(영문) 수원지방법원 2015.01.16 2014나2287

대여금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The assertion and judgment

A. The Plaintiff’s summary of the Plaintiff’s assertion is obligated to provide the Defendant with a total of KRW 2,00,000,000 around May 10, 2012, and KRW 2,00,000 around July 15, 2012, and KRW 1,00,000 around August 15, 2012, and KRW 1,000,000 around September 25, 2012, and KRW 2,00,00,000 around October 25, 2012, and KRW 1,50,00,000,00 around December 23, 2012, and KRW 1,50,50,000,000 around January 25, 2013; and KRW 1,000,008,008,008; and thus, the Defendant is obligated to provide the Plaintiff with a total of extended damages.

B. In the event of monetary transactions between the parties to the judgment, the burden of proof as to whether such transactions were based on the monetary loan contract can be deemed to have been asserted to have lent money to the party.

In full view of the respective descriptions of the evidence Nos. 1 and 2 (including numbers) and the purport of the entire pleadings, it is recognized that the Plaintiff delivered the amount of money several times in the course of teaching with the Defendant.

However, in light of the relationship between the Plaintiff and the Defendant, it is difficult to recognize that the said money was a loan because the mere fact that the money was paid alone is difficult to recognize it as a loan.

However, it is not sufficient to acknowledge such facts only by the testimony of Gap evidence 1 and witness C of the trial party, and there is no other evidence to acknowledge it.

(1) The Plaintiff asserts that the Plaintiff received KRW 1,00,000 from the Defendant as the partial repayment of the loan, and that the Defendant remitted KRW 1,00,000 to the account held in the name of the Plaintiff on May 22, 2013, there is no dispute between the parties, but it is insufficient to recognize that the money received by the Defendant solely on the above remittance was a loan).