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(영문) 서울북부지방법원 2020.12.10 2019가단15905

대여금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. According to the purport of the Plaintiff’s evidence No. 1 and the entire pleadings, the Plaintiff may recognize the fact that the Plaintiff remitted the total amount of KRW 100,000,000 to the Defendant’s account under the name of the Defendant, including KRW 30,000,000 on January 16, 2019, KRW 20,000 on January 23, 2019, KRW 30,000 on January 23, 2019, and KRW 100,000 on January 24, 2019.

2. The Plaintiff’s assertion and judgment claim that the Defendant lent the above KRW 100,000,000 to the Defendant on March 30, 2019, and that the Plaintiff deducted KRW 34,00,000 paid out of the above loan from the remainder of KRW 66,00,000,000, and damages for delay thereof.

However, it is not sufficient to acknowledge that the Plaintiff lent KRW 100,000,000 to the Defendant’s account under the name of the Defendant, on the sole basis of the above facts of recognition, evidence Nos. 2, and witness C’s testimony alone, the Plaintiff’s above KRW 100,000 to the Defendant as alleged by the Plaintiff, and there is no other evidence to acknowledge it otherwise.

Therefore, the plaintiff's assertion on a different premise is without merit to examine further.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.