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(영문) 인천지방법원부천지원 2019.05.22 2018가단116561

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The summary of the parties' assertion is the cause of the claim in this case, and the same year from July 29, 2008

9. Since lending a sum of KRW 115,600,00 to the Defendant until October 30, the Defendant asserted the return against the Defendant, the Defendant asserted that he received KRW 5,260,000,00 from the Plaintiff, including the down payment of KRW 20,000,00 from the Plaintiff, or that he did not borrow KRW 115,60,00 from the Plaintiff.

2. Determination

A. First of all, 20 million won and 5,260,000 won, such as acquisition tax, shall be deemed as follows.

A monetary loan agreement is an agreement between the parties to transfer money to the other party, and the other party is an abortion, consideration or without compensation, or influenite, or influenite, which is established by the agreement to return money to the other party. Since the defendant denies the loan agreement with the payment of the loan, the burden of proving that there was the loan agreement, is borne by the plaintiff, and the defendant who has no burden of proof is not obliged to prove the payment of the loan.

In light of this, the evidence of the submission of the plaintiff alone is insufficient to recognize that the plaintiff lent 20,000 won of down payment and 5,260,000 won to the defendant, and there is no other evidence to acknowledge it.

B. Next, the evidence of the Plaintiff’s submission alone is insufficient to acknowledge that the Plaintiff lent money to the Defendant, as otherwise alleged, to the remainder of the loan claims, and there is no evidence to acknowledge otherwise.

(3) If so, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.