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(영문) 울산지방법원 2014.10.14 2014가단11672

대여금 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The assertion;

A. From July 14, 2011 to 45 times, the Plaintiff lent a total of KRW 79,350,000 to the Defendant.

The Plaintiff subrogated for KRW 5,00,000 on March 12, 2013, and KRW 4,000,000 on June 7, 2013, among the Defendant’s obligations against C.

B. The Defendant met the Plaintiff from the drinking house to the employee and the customer.

The plaintiff donated money to the defendant as living expenses, etc.

The Plaintiff, as the remaining South-North Korea, paid money to the Defendant for the purpose of continuing to meet with the Defendant, and thus, the money paid by the Plaintiff constitutes illegal consideration.

2. According to the facts that there is no dispute between the parties to the judgment, and the statements in Gap evidence 1, 2, and 3, the fact that the plaintiff remitted a total of KRW 79,350,000 to the defendant from July 4, 2011 to June 14, 2013, and the plaintiff remitted a total of KRW 5,000 to C on March 12, 2013, and the fact that the plaintiff remitted a total of KRW 4,00,000 to C on June 7, 2013.

However, the above remittances and the statements in Gap evidence Nos. 4, 5, and 6 submitted by the plaintiff alone lent the above money to the defendant.

It is not sufficient to recognize that the defendant paid his/her debt to C on behalf of the defendant, and there is no other evidence.

Therefore, the plaintiff's assertion is without merit.

3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.