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(영문) 서울동부지방법원 2014.11.07 2013가단112235

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

According to the statement Gap 4 and the fact-finding results of this court's fact-finding on the Ko Bank Co., Ltd., the plaintiff transferred a total of KRW 40,50,000 to the defendant's account in the name of the defendant (However, the plaintiff, not the plaintiff, transferred a total of KRW 13 million to the account in the name of the defendant).

Plaintiff’s assertion

As the cause of the instant claim, the Plaintiff asserted that the Plaintiff lent KRW 40,500,000,000,000 as stated in the attached Form No. 1-13, from June 21, 2010 to October 10, 201, to the Defendant, and sought the return of the borrowed amount of KRW 40,55 million.

Judgment

Therefore, we look at whether a monetary loan contract has been concluded between the plaintiff and the defendant as asserted by the plaintiff.

There is no evidence to acknowledge that a monetary loan contract has been concluded between the Plaintiff and the Defendant with respect to the money transaction without a loan certificate (attached Form 2, 3, 7-13). Rather, according to the entries in Section B-5, 5-11-5, 5-16, 7-8, 7-10, 9-1, 9-2, 9-69 in Section B-2, while the Plaintiff promoted an urban environment improvement project in Geumcheon-gu area, the Defendant (the husband of Section C, “C,” the former husband of the Defendant,”) who is the seat of the representative director D, was located in Section B-1, 240,000,000,000 won, which is a space for residents in Seo-gu area, and the statement in Section B-1,400,000,000 won, and there is no entry in Section B-2,000,000 won as the Defendant’s account book or account book, and there is no entry in Section 371,0,000,0.