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(영문) 부산지방법원 2021.01.14 2020나1940

대여금

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The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

Reasons

Plaintiff’s assertion

From March 2015 to March 21, 2018, the Defendant used the amount equivalent to KRW 3,042,399 with the Plaintiff’s credit card from March 21, 2018, and agreed to pay KRW 3,042,39 as the loan to the Plaintiff. As such, the Defendant is obligated to pay the Plaintiff the aforementioned KRW 3,042,39 and the delayed damages.

Judgment

The facts that the Defendant used the Plaintiff’s credit card do not dispute between the parties, but can be acknowledged by taking into account the overall purport of the evidence submitted by the Plaintiff, namely, the following circumstances: (a) the Plaintiff did not prepare and submit a disposal document, such as the loan certificate which objectively proves the Plaintiff’s assertion; (b) whether the Plaintiff simply provided the Defendant with the card; and (c) whether the Plaintiff borrowed the card from the beginning on the premise that the amount was returned to the Defendant; and (d) the financial transaction details submitted by the Plaintiff are difficult to recognize that the Defendant’s credit card amount was KRW 3,042,39; and (b) even if the amount used was 3,042,399, even if the amount used was 3,042,399 won, the evidence submitted by the Plaintiff alone cannot be inferred as the amount borrowed to the Plaintiff (see Supreme Court Decision 2014Da26187, Jul. 10, 2014).

The recognition is insufficient, and there is no other evidence to prove it.

Therefore, the plaintiff's claim of this case is without merit.

3. In conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and it is so decided as per Disposition.