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(영문) 인천지방법원 부천지원 2017.04.26 2016가단27933

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. The Plaintiff leased C totaling KRW 53.5 million over six occasions as follows.

- - Five million won on September 29, 2014, the 5 million won on November 1, 2014, the 200 million won on November 26, 2014, the 20 million won on November 26, 2014, the 10 million won on February 9, 2015, the 10 million won on August 3, 2015, the 10 million won on August 31, 2015, the 5 million won on August 31, 2015, and the 10 million won on April 2015.

B. Of them, KRW 30 million (=five million on September 29, 2014, which was September 201, 201, and KRW 5 million on November 26, 2014) was transferred to an account in the name of the Defendant.

C. Therefore, since the Plaintiff leased KRW 30 million to the Defendant, the Plaintiff sought a loan to the Defendant and a payment of KRW 30 million and damages for delay.

2. According to the evidence No. 1-1 to 3, and evidence No. 2 of the judgment, the fact that the Plaintiff remitted the sum of KRW 30 million to the Defendant’s account, which is his/her father’s father’s father, to the Defendant’s account, on September 29, 2014; KRW 5 million on November 1, 2014; and KRW 30 million on November 26, 2014.

However, in light of the fact that C’s certificate of borrowing was prepared, but there was no certificate of borrowing under the name of the Defendant, it is difficult to deem that the Defendant borrowed the above money from the Plaintiff, and there is no other evidence to acknowledge it.

3. It is so decided as per Disposition by the assent of all participating Justices on the bench.