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(영문) 부산지방법원 동부지원 2017.01.11 2016가단3876

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff remitted the Defendant’s national bank account, KRW 50 million on March 13, 2010, KRW 50 million on April 5, 2010, and KRW 100 million on a total.

B. The Defendant used the money transferred from the Plaintiff as the test cost of the c “C” (hereinafter “the instant coffee shop”) that he operated.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion 1) received a request from the Defendant to lend KRW 100 million to the Defendant, “a money to be used as a security deposit for coffee shop.” The Plaintiff loaned KRW 100 million to the Defendant upon the expiration of the lease term of coffee shop. At present, the Defendant has the obligation to pay KRW 100 million and delay damages borrowed from the Plaintiff as it closed the coffee shop. (B) The fact that the Plaintiff remitted KRW 100 million to the Defendant’s account is as seen earlier. Furthermore, in light of the following facts and circumstances, the Plaintiff may be acknowledged by taking into account whether the said money was a loan to the Defendant directly or through another person, whether it was a loan to the Defendant, the fact that the Plaintiff transferred KRW 100 million to the Defendant’s account or the evidence submitted by the Plaintiff is insufficient to deem that the money was a loan to the Plaintiff, and there is no other evidence to acknowledge that the Plaintiff directly transferred money from the Defendant.”

Rather, the witness D did not know about the detailed reasons why the Plaintiff transferred KRW 100 million to the Defendant in this court, and E is in the business help of the Plaintiff on the basis of the business relationship between E and D, the representative director of the Plaintiff.