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(영문) 창원지방법원통영지원 2020.06.25 2019가단26730

대여금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Plaintiff’s assertion

From September 2016, the Plaintiff liveded with the network D, and leased the Deceased KRW 10 million on March 16, 2017, KRW 15 million on March 31, 2017, KRW 15 million on March 31, 2017, KRW 19 million on April 10, 2017, and KRW 44 million on a total of KRW 19 million on April 10, 201.

Therefore, the Defendants, the inheritor of the deceased, are obligated to return the above loans according to the inheritance shares.

Judgment

Even if it is recognized that there is a delivery of money between the parties, if there is a dispute as to the fact that the cause of the payment is the lending, the fact of the lending shall be proved to the plaintiff.

(See Supreme Court Decision 72Da221 Decided December 12, 1972). The Plaintiff’s transfer to the Deceased of KRW 10 million on March 16, 2017, KRW 15 million on March 31, 2017, KRW 15 million on April 10, 2017, KRW 44 million on April 10, 2017, and KRW 44 million on the part of the Deceased (hereinafter “the instant money”) may not be disputed or may be recognized by the statement of evidence No. 2. However, the above recognized facts and the remaining evidence submitted by the Plaintiff cannot be readily concluded that the instant money was a loan, and there is no other evidence to prove otherwise, the Plaintiff’s assertion of the loan is rejected.

Therefore, the plaintiff's claim against the defendants is dismissed as it is without merit. It is so decided as per Disposition.