beta
(영문) 수원지방법원평택지원 2016.10.20 2015가단13206

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Upon receipt of a request from the Defendant for a delivery of lending money, the Plaintiff’s assertion: (a) lent money from C on January 2, 2015 to the Defendant; (b) borrowed money from C on several occasions from June 2, 2014 to August 2015; and (c) thereafter, at the Defendant’s request, lent money to the Defendant several times; and (d) the sum of money exceeds KRW 140,960,00,000; and (e) the Defendant did not pay the loan.

2. The court below held that the plaintiff submitted Gap evidence No. 1 and No. 2, Gap evidence No. 3-1 and No. 3-2, which are the details of transfer of money from Gap's account to the defendant's account, as evidence supporting the alleged facts, but it is not sufficient to acknowledge that the plaintiff paid to the defendant the amount that the plaintiff provided by borrowing money from a third party, etc. in light of the statement No. 2 and No. 3, and there is no objective evidence to acknowledge otherwise.

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