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(영문) 창원지방법원 2016.09.08 2016나2127

대여금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

The fact that the Plaintiff remitted the sum of KRW 10 million to the Defendant’s account on February 21, 2012 is no dispute between the parties.

The plaintiff asserts that he lent the above money to the defendant at the request of the defendant that he borrowed the marriage fund, and the defendant asserts that he did not lend the above money to the plaintiff that was in de facto marital relationship with the father of the defendant to help the defendant.

Even if there is no dispute between the parties as to the fact that money has been received, the plaintiff's assertion that the lending was made is proved to the plaintiff who asserts that the lending was made.

(See Supreme Court Decision 2013Da73179 Decided September 15, 2015). As evidence consistent with the Plaintiff’s assertion in this case, there is evidence No. 2 (a) indicating that the Plaintiff, at the Defendant’s request that the marriage fund be lent, remitted to the Defendant with a loan of KRW 10 million.

However, considering the fact that the father and the father of the plaintiff were deceased at the time of remitting KRW 10 million, it is insufficient to recognize the fact of lending only with the evidence of No. 2 prepared by the plaintiff C, a pilot of the plaintiff, without objective data supporting the loan, such as the loan certificate or the details of interest payment, and there is no other evidence.

If so, the plaintiff's claim shall be dismissed as without merit.

The judgment of the court of first instance is justified as the conclusion is consistent with this, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.