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(영문) 의정부지방법원 2019.01.25 2018가단14274

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff sought payment of KRW 60 million, excluding KRW 140,000,000,000 which was returned to the Defendant, out of KRW 200,000,000. According to each of the evidence Nos. 1 and 2, the Plaintiff may recognize the fact that the Plaintiff had C or D deposit a total of KRW 200,000 to the Defendant.

However, in addition to the whole purport of the pleadings in the statement in Eul evidence Nos. 1 through 5 (including each number), the above KRW 200 million was deposited into the defendant's account that the plaintiff, the subcontractor of the "E System, deposited in the defendant's account that operates the FF corporation for the convenience of accounting settlement in order to deposit the construction cost to the F corporation, which is the subcontractor. However, even though the existence and scope of the return amount will be determined through future F corporation and settlement with the F corporation, it seems that the plaintiff requested the F corporation to return KRW 140 million to the F corporation and received the return prior to settlement, it is difficult to conclude that the above deposited money was the loan of KRW 200 million merely on the basis of the above deposit basis, and there is no evidence to prove otherwise.

Therefore, the plaintiff's assertion that the above KRW 200 million is a loan is not accepted.

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