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(영문) 서울동부지방법원 2014.10.16 2014가단23875

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. From March 23, 2004 to January 9, 2014, the Plaintiff’s summary of the Plaintiff’s assertion: (a) transferred KRW 185,780,000 in total to the Defendant’s account over 37 occasions; (b) from September 2012, the Plaintiff had the Defendant keep oneSK card under the Plaintiff’s name; and (c) lent KRW 205,076,834 in total to the Defendant by having the Defendant use KRW 19,296,834 by credit card; and (d) the Defendant repaid KRW 117,50,000 among them.

Therefore, the Defendant is obligated to pay to the Plaintiff the balance of the leased principal (=205,076,834 - 117,500,000) and delay damages (=205,076,834).

B. The defendant's summary of the defendant's assertion was received through the account transfer from the plaintiff or used the credit card in the name of the plaintiff, as alleged by the plaintiff, or was donated as a donation from the plaintiff who was in an internal relationship.

2. Even if there is no dispute as to the facts that there was a number of money between the parties to the judgment, when the defendant contests the plaintiff's assertion that the lending was made, the plaintiff bears the burden of proving that the lending was made (see Supreme Court Decisions 72Da221, Dec. 12, 1972; 2014Da26187, Jul. 10, 2014). In order for the plaintiff to recognize that the amount claimed by the plaintiff against the defendant is a loan under a loan agreement under the Civil Act, the defendant, who is the other party to whom the claim was received, agreed to return the amount corresponding thereto shall be recognized. However, there is no evidence to acknowledge this, while the plaintiff and the defendant maintained the relationship within the year of 2010 after becoming aware through a meeting of the mountain conference around 204; and the relation between the plaintiff and the defendant and the defendant, which caused the relation between the plaintiff's 1 and 2, as well as the relation between the plaintiff's 1 and 2.