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(영문) 서울북부지방법원 2016.08.24 2015가단41319

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff, on January 8, 2002, lent to the Defendant a total of KRW 74 million including KRW 20 million and KRW 54 million on November 26, 2003, without fixing interest and the due date for payment, and claimed that the Defendant was paid a total of KRW 6 million on November 5, 2012, KRW 600,000,000, and KRW 67 million on September 10, 2013.

In full view of the purport of the entire pleadings in Gap evidence Nos. 1 through 4 (including additional numbers), the plaintiff transferred KRW 20 million to C’s account on January 8, 2002; the plaintiff’s mother transferred KRW 54 million to E’s account on November 26, 2003; the defendant remitted KRW 60 million on November 5, 2012 to the plaintiff’s account; but it is recognized that the defendant remitted KRW 74 million to C and E on September 10, 2013; rather, there is no evidence to acknowledge that the plaintiff sent KRW 74 million to the defendant on the part of the plaintiff; according to the witness C’s testimony, and the witness E’s testimony written testimony, the above fact that the defendant and Eul sent money to the defendant without knowledge.

Therefore, it is not recognized that the plaintiff lent KRW 74 million to the defendant. Thus, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.