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(영문) 의정부지방법원고양지원 2019.11.27 2018가단11841

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. According to the purport of subparagraph 1 of the underlying facts and the entire purport of the pleadings, the fact that the Plaintiff and the Defendant created a loan certificate (hereinafter “the loan certificate of this case”) with the following content may be acknowledged on July 18, 201.

If the borrower is unable to repay the above amount of KRW 50 million from the Plaintiff by September 30, 201, the Plaintiff is the Defendant obligee of the borrower who secured the land and buildings in Gyeongnam-gun, Chungcheongnam-do.

2. The parties' assertion

A. From August 3, 2009 to September 17, 2009, the Plaintiff wired the sum of KRW 2.6 million to the EUnion account in the name of the Defendant, the Plaintiff, and KRW 60,000,000 on January 28, 2010 upon the Defendant’s request, and leased KRW 6,0630,00 in total to the Defendant by means of depositing KRW 57,97,00 in the instant securities account from October 3, 2009 to October 3, 2010.

Then, the Defendant agreed between the Plaintiff and the Plaintiff to pay KRW 50 million out of KRW 60,630,000,000 to the Plaintiff until September 30, 2011. As such, the Defendant is obligated to pay the Plaintiff the loan amounting to KRW 50,000 and the damages for delay.

B. Although the Plaintiff prepared the instant loan certificate on the ground that the Plaintiff lent the loan certificate to the Plaintiff, the Plaintiff did not actually deliver KRW 50 million and did not borrow KRW 50 million from the Plaintiff.

3. In order for the plaintiff to claim the return of the loan to the defendant, it is necessary to assert and prove the fact of delivery of the object in addition to the fact that the loan contract for consumption was concluded.

However, considering the following circumstances, which can be known by the respective descriptions and arguments of Nos. 4 and 5 as well as the purport of the whole pleadings, evidence submitted by the plaintiff alone is insufficient to acknowledge the fact that the plaintiff delivered KRW 50 million to the defendant, and there is no other evidence to acknowledge it, the plaintiff's assertion is without merit

(1) A.