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(영문) 서울남부지방법원 2021.02.19 2019가단205316

대여금

Text

The defendant shall pay 14,00,000 won to the plaintiff. The costs of lawsuit shall be borne by the defendant.

Paragraph 1 can be provisionally executed.

Reasons

In full view of the evidence Nos. 3, 4-1, 2, and 9-1 of evidence Nos. 4-1, 9-2, and 9-1 of the evidence and the purport of the entire pleadings in the testimony of the witness C, the Plaintiff may be recognized on August 2, 2017 through the Plaintiff’s account in the Plaintiff’s name. Thus, barring any special circumstance, the Defendant is liable to reimburse the Plaintiff KRW 14 million.

As to this, since the defendant paid the above money to the plaintiff's husband D after receiving the above money, the defendant does not bear a loan obligation against the plaintiff.

The argument is asserted.

However, it is not sufficient to acknowledge that the Defendant paid the above loan to the Plaintiff solely on the basis of the evidence Nos. 1 through 7 of the evidence No. 7. The Defendant’s assertion is without merit, since there is no other evidence to support this.

Therefore, the plaintiff's claim is justified and it is so decided as per Disposition.