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(영문) 대전지방법원논산지원 2020.10.15 2020가단837

대여금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The Plaintiff asserted that the Plaintiff lent a total of KRW 90 million to the Defendant from June 28, 2016 to August 20, 2019.

Therefore, the defendant is obligated to pay the above amount to the plaintiff.

2. According to the statement in Gap evidence No. 1, it is recognized that the plaintiff remitted to the defendant the amount of KRW 20 million on June 28, 2016, KRW 20 million on January 26, 2017, KRW 20 million on May 28, 2018, KRW 20 million on August 20, 2019, and KRW 30 million on August 20, 2019 (hereinafter collectively referred to as "the amount in this case").

However, the above facts alone are insufficient to recognize that the amount of this case is a loan to the defendant, and there is no other evidence to acknowledge it.

Rather, according to Gap evidence Nos. 2 and 3 and Eul's statement and the purport of the whole pleadings, the Daejeon District Court's 2020Gaso763, which the plaintiff filed against Eul, stated that "the plaintiff and C had a money relationship for several years. The reason why the defendant was to conduct a money relationship was that the defendant was engaged in the construction business, so it was needed to pay the defendant's dead-win (the defendant's name) so that he was borrowed from the plaintiff and paid the plaintiff interest higher than that of the city, and the plaintiff was able to pay the plaintiff's interest. The defendant also borrowed money from the non-party 2 and 3 to the non-party 1, and the part of the money was included in the amount of money of many creditors other than the plaintiff 20 million won." The plaintiff borrowed money to the non-party 2 and 3 to the plaintiff, and the plaintiff did not request the plaintiff to answer money from 201 to 201, and the plaintiff did not request the defendant to transfer money each year between the plaintiff and the defendant.