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(영문) 수원지방법원안양지원 2019.10.31 2019가단111095

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s transfer of KRW 39 million to a bank account under the name of the Defendant on March 7, 2017 is without dispute between the parties.

2. On March 7, 2017, the Plaintiff claimed that the Plaintiff should pay KRW 39 million and damages for delay since the Plaintiff leased KRW 39 million to the Defendant on December 31, 2017 upon the due date for payment. The Defendant asserts that the Defendant’s father is holding office in the Plaintiff and the Plaintiff returned part of the construction cost that the Plaintiff received to the ordering person in the form of rebates, using the bank account in the name of the Defendant. The Plaintiff’s assertion is insufficient to acknowledge the Plaintiff’s assertion solely on the basis of each of the items of subparagraphs A through 4, and there is no other evidence to prove otherwise.

Rather, the Plaintiff stated in this court that “the father of the Defendant was not an employee of the Plaintiff, but was leading to the Plaintiff’s business, and deposited money in the bank account in the name of the Defendant for the purpose of supporting the business.”

3. Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.