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(영문) 서울동부지방법원 2015.06.26 2015나20768

대여금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The parties' assertion

A. The plaintiff asserts that on February 26, 2009, the plaintiff lent KRW 5,000,000 to the defendant and sought the return of the loan to the defendant.

B. The defendant's assertion that he received KRW 5,00,000 from the plaintiff on February 26, 2009. However, the defendant asserts that C's interest on KRW 150,000,000 borrowed from the defendant on July 31, 2007 is repaid by the plaintiff, who is a partner of C, instead of the plaintiff.

2. Although the Plaintiff did not dispute the fact that he remitted KRW 5,00,000 to the Defendant’s account on February 26, 2009, the Defendant’s assertion as seen above is merely an affirmative denial of the Plaintiff’s assertion, even if the Defendant acknowledged the fact that he received the above money, the Plaintiff has the burden of proof as to the fact that the money was lent to the Defendant. However, it is insufficient to acknowledge the fact that the Plaintiff’s assertion was lent to the Defendant. However, there is no other evidence to acknowledge it.

3. As such, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.