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(영문) 서울북부지방법원 2021.01.14 2020가단117258

대여금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The parties' assertion

A. On October 2013, the Plaintiff’s assertion (the cause of the claim) lent money to the Plaintiff that the Defendant’s mother is in need of the Defendant’s business fund.

Accordingly, from October 29, 2013 to December 20, 2014, the Plaintiff loaned KRW 82,270,000 in total over 16 times to the Defendant’s agricultural bank account. From November 26, 2013 to December 10, 2014, the Plaintiff received KRW 40,470,000 in total over 18 times from the Defendant.

Therefore, the Defendant is obligated to pay the Plaintiff a loan of KRW 41,800,000 (=82,270,000 - 40,470,000) and damages for delay indicated in the purport of the claim.

B. The defendant's argument that C and the plaintiff, who are the children of the defendant, are relatives.

The defendant has no money borrowed from the plaintiff.

C seems to have received money from the plaintiff due to bad credit standing as the defendant's passbook.

2. According to the evidence evidence evidence evidence Nos. 1 through 3, 200, 200, 200, 200, 2000, 200,000 on October 29, 2013, 31, 203, 200, 200,000 on December 31, 2013, 200, 200, 00, 00. 0, 00, 18, 00. 18, 20, 00, 18, 00. 18, 20, 00, 00, 00. 18, 18, 200, 00, 00, 000,000,000, 60,000,000,000 won on June 22, 2014, 2014.

However, the evidence submitted by the plaintiff alone is insufficient to recognize that the above 82,270,000 won, which the plaintiff transferred to the agricultural bank account in the name of the defendant, was the money loaned by the plaintiff to the defendant, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion is without merit.

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