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(영문) 서울남부지방법원 2015.05.08 2014가단63630

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion: (a) hearing from C around 2013 the phrase “the Defendant requires business funds while operating D; and (b) remitting KRW 4,544,00 to the Defendant’s account known by C on March 11, 2013; and (c) the Defendant is liable to repay the borrowed amount to the Plaintiff.

2. The existence of an agreement under which money is lent for the purpose of seeking a repayment of determined borrowed money and the fact of payment of the loan shall be proved;

According to the records of Gap evidence No. 1, the fact that the plaintiff paid 4,544,00 won to the account under the name of the defendant on March 11, 2013 can be acknowledged. However, there is no evidence to acknowledge that there was an agreement between the plaintiff and the defendant to lend money.

3. In conclusion, the plaintiff's claim based on the premise that the defendant borrowed money from the plaintiff is unfair, and it is dismissed as per Disposition.