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(영문) 인천지방법원 부천지원 2018.11.07 2017가단116885

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

As the cause of the instant claim, the Plaintiff, as the Defendant’s designated account, wired and lent KRW 50 million in total, including KRW 17,00,000,000 on December 17, 2013, KRW 25,000,000 on January 25, 2016, and KRW 26,000 on May 26, 2017, filed a claim against the Defendant for the payment of KRW 50,000 and damages for delay.

The burden of proving that one of the parties agrees to transfer money to the other party and that the other party agrees to return money in cash, with or without any consideration, letter-free, or influenite contract, and that there was a lending agreement, the other party's burden of proving that there was a lending agreement is the plaintiff.

Therefore, according to the statement in Gap evidence No. 1, the plaintiff transferred KRW 50 million to the defendant on December 17, 2013, stated as C, stated as C in the transaction records, the plaintiff transferred KRW 20 million on January 25, 2016, stated as D in the transaction records, and the plaintiff transferred KRW 20 million on May 26, 2017, and even though it is recognized as B, it is insufficient to recognize that the plaintiff lent KRW 50 million to the defendant, and there is no other evidence to prove otherwise.

(A) The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.