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(영문) 부산지방법원 2017.11.14 2017가단20049

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s spouse C transferred a total of KRW 300 million to the Defendant’s spouse’s Busan Bank account (hereinafter “instant money”) over three occasions on January 10, 208.

[Ground of recognition] Facts without dispute, entry in Gap 1 and 3 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the plaintiff lent the money of this case to the defendant who became aware of the plaintiff's introduction of Dong Dong Dong E, and out of which 250 million won was paid, but the remaining 50 million won was not paid. Thus, the defendant is liable to pay the plaintiff the above 50 million won and damages for delay.

In regard to this, the defendant alleged that he jointly runs the business of purchasing and selling scrap metal, including Won, the defendant, and E, and that the plaintiff remitted the money of this case to the defendant, but the defendant did not borrow the money of this case from the plaintiff.

B. Therefore, it is not sufficient to recognize that the Defendant borrowed the instant money from the Plaintiff solely by examining the case and Gap 2, and there is no other evidence to acknowledge it, the Plaintiff’s above assertion is without merit.

3. It is so decided as per Disposition because the plaintiff's claim is without merit.