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(영문) 서울서부지방법원 2015.05.13 2014가단40179

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserted that the plaintiff lent KRW 100,000,000 to the defendant on October 25, 2007 as the end of October 2008, but the defendant did not pay this at the due date. Thus, the plaintiff's claim is justified as the lawsuit in this case.

2. The fact that the Plaintiff transferred the amount of KRW 100,000,000 on October 25, 2007 to the account under the name of the Defendant is not a dispute between the parties.

However, the above account transfer alone is insufficient to recognize that the Plaintiff lent a reasonable amount to the Defendant, and there is no other evidence to prove that the money remitted was a loan.

Rather, there is no dispute between the parties or according to the overall purport of the pleadings, there is no interest or friendship in lending money between the Plaintiff and the Defendant, and there is no loan certificate at the time of transfer, and the said remitted money seems to be an investment deposit to the Defendant of Nonparty C, making it difficult for the Plaintiff to believe that it is a loan to the Defendant.

Ultimately, the plaintiff's claim is dismissed for lack of reason.