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(영문) 서울서부지방법원 2015.01.30 2014가합33437

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserts that he lent KRW 400,000,000 to the defendant on October 11, 2009, and KRW 50,000 on April 23, 2010, respectively, and sought payment of KRW 450,00,000 in total.

2. Determination

A. First, with respect to the Plaintiff’s assertion that the Defendant lent KRW 400,000,00 to the Defendant on October 11, 2009, comprehensively taking account of the following: (a) health care account; (b) evidence Nos. 6 (including paper numbers; hereinafter the same shall apply); (c) evidence Nos. 3; (d) evidence Nos. 400,000,000 won on October 12, 2009; (c) evidence Nos. 300,000 won on the Plaintiff’s face value and KRW 40,000,000 at face value; and (d) evidence Nos. 300,000 won on the Plaintiff’s account of the lack of the above evidence to acknowledge the Defendant’s testimony and/or 300,000 won on the Plaintiff’s account books; and (d) evidence Nos. 400,000,000 won on the Plaintiff’s account books; and (e) evidence No. 201, 2000,201.

B. Next, with respect to the Plaintiff’s assertion that the Defendant lent KRW 50,000,00 to the Defendant on April 23, 2010, it is insufficient to acknowledge the above assertion by health team, witness G’s testimony alone, and there is no other evidence to acknowledge it. Rather, in full view of the purport of the entire pleadings, the Plaintiff lent KRW 50,00,000 to C on April 23, 2010, in full view of each of the statement in subparagraph 5, the fact that the Plaintiff lent KRW 50,00

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.