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(영문) 의정부지방법원 2017.08.22 2017가단650

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserts that the plaintiff is liable to pay to the defendant the remainder of the loan amount of KRW 75 million and delay damages for the remainder of the loan amount of KRW 1.5 million and the remainder of the loan amount of KRW 75 million to the plaintiff as of March 2007, since the plaintiff extended the loan amount of KRW 80 million to the defendant around January 2007 and the due date for payment was set at the end of March 2007.

According to Gap evidence No. 1, the fact that the plaintiff transferred 25 million won to the financial account under the name of the defendant, and 80 million won on January 10, 2007 is recognized.

However, according to the purport of the evidence Nos. 1 through 5 and the whole pleadings, the Defendant asserted that, around 2007, the Defendant used the financial account in the name of the Defendant that was transferred to the above KRW 15 million to his former husband, C used the financial account in the name of the Defendant. The Plaintiff, around 2007, operated the sales business with the above Section, and traded money with the said Section, and the evidence submitted by the Plaintiff alone, it is difficult to recognize that the Plaintiff claimed the Plaintiff’s claim against the Defendant for the loans and damages for delay prior to the filing of the instant lawsuit.

In light of these circumstances, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff lent the above KRW 15 million to the Defendant. Therefore, the Plaintiff’s assertion is without merit.

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