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(영문) 인천지방법원 2018.06.22 2017나11339

대여금반환

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On September 24, 2015, the Plaintiff deposited KRW 6,650,00 in the Defendant’s bank account, KRW 1,000 on October 31, 2015, KRW 3,000,000 on December 16, 2015, and KRW 2,150,000 on December 17, 2015.

B. On March 21, 2016, the Defendant deposited KRW 1,400,000 to the Plaintiff’s bank account. On the same day, the Plaintiff deposited KRW 2,900,000 to C’s bank account, and KRW 700,000 to the Defendant’s bank account.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 7, 10-3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that: (a) the Plaintiff loaned KRW 6,650,000 to the Defendant four times from September 24, 2015 to December 17, 2015; and (b) on March 21, 2016, the Defendant additionally lent KRW 2,200,000 ( KRW 2,900,000 deposited by the Plaintiff to C on behalf of the Defendant - KRW 1,40,000) and additionally lent KRW 8,850,000 in total; (b) the Defendant received or donated the said KRW 8,850,000 from the Plaintiff, who had been operating the Defendant.

B. In light of the facts found earlier, the Plaintiff loaned KRW 5,150,000 in total to the Defendant on December 16, 2015, and KRW 5,150,000 on December 17, 2015.

Meanwhile, in light of the evidence evidence Nos. 1, 3, 6, and 7, the evidence submitted by the Plaintiff alone is insufficient to acknowledge the fact that the Plaintiff lent the remainder of KRW 3,700,00 to the Defendant, and there is no other evidence to acknowledge it.

C. Accordingly, the Defendant is bound by the Special Act on the Promotion, etc. of Legal Proceedings, which is the date following the delivery date of a copy of the complaint of this case to the Plaintiff from June 3, 2017 to October 12, 2017, which is deemed reasonable for the Defendant to dispute over the existence and scope of the obligation.