beta
(영문) 창원지방법원마산지원 2019.04.25 2018가단5563

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff asserts as follows and sought payment of the amount stated in the claim against the defendant. A.

The Plaintiff lent KRW 58,690,000 (hereinafter “instant loan”) to the Defendant several times from August 2014 to May 2017.

B. Even if the Defendant is not the borrower of the instant loan, the borrower of the instant loan is C. The Defendant is de facto marital relationship with C. Since C borrowed the instant loan for the marital life with the Defendant, the Defendant is obligated to return the instant loan and the damages for delay to the Plaintiff.

However, the written evidence Nos. 1 and 2 alone is insufficient to acknowledge the plaintiff's above assertion, and there is no other evidence to acknowledge it. Thus, the plaintiff's claim of this case is dismissed as there is no reason.