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(영문) 울산지방법원 2016.03.25 2015가단8611

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. From July 25, 2014 to November 21, 2011 of the same year, the Plaintiff asserted that the Plaintiff loaned a total of KRW 35 million to the Defendant at 30% per annum and on March 25, 2015.

2. Determination

(a) The following facts are not disputed between the parties, or may be acknowledged by comprehensively taking account of the overall purport of the pleadings in each entry in Gap evidence 1 to 3, and Eul evidence 2:

① The Plaintiff wired KRW 10 million to the Defendant’s mother C’s account on July 25, 2014 and on July 31, 2014.

On November 21, 2014, the Plaintiff remitted 7 million won to the Defendant’s account, and 8 million won to C’s account on the same day.

② The Defendant remitted the Plaintiff’s designated account from the Defendant’s name to the Plaintiff’s designated account on October 24, 2014, and KRW 7.5 million on January 26, 2015, respectively.

B. However, with respect to whether the above stated amount ① transferred by the Plaintiff to the Defendant, as alleged by the Plaintiff, is not sufficient to acknowledge the evidence submitted by the Plaintiff in light of the following circumstances acknowledged by the records of this case, and there is no evidence to acknowledge otherwise.

There is no supporting document such as a certificate of loan concerning the loan agreement claimed by the Plaintiff.

The defendant asserts that the defendant's living together with the defendant and C's account was lent to the defendant and C, and only the bank's name was used at the request of D.

The defendant is judged to have been living together with D at the time, and it is often possible that the defendant lending his account for D living together or taking the name of the bank.

Even if the Plaintiff asserts that he is the borrower, he also used the transfer of the loan in the name of another person, such as E, F, etc. instead of his own account.

(C) At the time of ‘C', D was the Plaintiff's work partner, but the Defendant is merely a person living together with D, who is the Plaintiff's work partner, and it is deemed that the relationship with the Plaintiff was much more difficult.

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