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(영문) 인천지방법원 2018.11.28 2018가단235773

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff asserts that the plaintiff lent to the defendant a total of KRW 31 million on July 16, 2008, KRW 5 million on July 17, 2008, KRW 30 million on July 17, 2008, and KRW 31 million on July 30, 2008.

On the other hand, even if there is no dispute as to the fact that the parties provided and provided money, when the Defendant contests the Plaintiff’s assertion that the lending was made, the Plaintiff bears the burden of proving that the lending was made (see, e.g., Supreme Court Decision 2017Da37324, Jan. 24, 2018). The entries in subparagraphs 1-1 and 2-1-2 are insufficient to recognize that the Plaintiff lent the said money to the Defendant, and there is no other evidence to prove otherwise.

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