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(영문) 수원지방법원 2017.01.11 2016나10718

대여금

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion and judgment

A. The gist of the Plaintiff’s assertion was that the Plaintiff lent KRW 5,500,000 on December 4, 2014, to the Defendant at the Defendant’s request, by means of transfer to the Defendant’s corresponding passbook.

At the time, the defendant suggested interference with the operation of the church of the plaintiff's husband and demanded money close to intimidation, and the plaintiff only remitted money to the plaintiff with a mind that he knows about the disturbance within the church, and there was no intention to donate money to the defendant.

Therefore, the Defendant is obligated to pay the Plaintiff the above loan amounting to KRW 5,500,000 and damages for delay.

B. The gist of the defendant's assertion is that the plaintiff voluntarily remitted 6,00,000 won to the defendant's children as a scholarship for the purpose of covering the interest within the church of pastor C, who is the husband, with the intention of covering the interest within the church of pastor C, who is the husband, and there is no fact that

C. Although there is no dispute between the parties to the judgment, or the Plaintiff transferred KRW 6,000,000 to the Defendant’s account on December 4, 2014, it is difficult to acknowledge that the Plaintiff lent KRW 5,500,000 to the Defendant, and there is no other evidence to acknowledge the Plaintiff’s lending.

(B) According to the purport of the Plaintiff’s evidence Nos. 1 and 2 and the entire pleadings, the Defendant first remitted total of KRW 10,500,000 to the Plaintiff on the above remittance date, and it is only recognized that the Defendant sent text messages to the Plaintiff to the effect that “5,00,000 won was to be returned to the Defendant,” and that “I would like to be audited by the Plaintiff as a scholarship.” The Plaintiff’s claim of this case is without merit.

2. 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 with different conclusions is unfair, and it is so revoked and dismissed as per Disposition.