beta
(영문) 의정부지방법원고양지원 2016.07.14 2016가단1437

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff asserts that, from August 11, 2006 to January 30, 2008, the Plaintiff lent KRW 117,200,000 to the Defendant by transferring the Plaintiff’s account from the Plaintiff’s account to the Defendant’s account from August 30, 2008, and that, on April 5, 2007, the Plaintiff lent KRW 117,200,000 to the Defendant by transferring the Plaintiff’s account from the Plaintiff’s employee C to the Defendant’s ancillary account.

According to each description of evidence Nos. 1 and 2 (including paper numbers), it is recognized that a total of KRW 117,200,000 has been transferred on nine occasions as the plaintiff's assertion.

However, in light of the facts stated in the evidence Nos. 3 through 6, 9, 12, and 12 of the evidence Nos. 3 and the evidence Nos. 3 and 1 of the defendant, there were multiple monetary transaction relationships between the plaintiff and the defendant E, and for this purpose, they were used by the defendant. The plaintiff alleged that the plaintiff lent KRW 117,20,000 at the first complaint, but later, he borrowed KRW 115,000 in the way of transferring the money to the defendant's account over 11 times even before it was later. The amount of KRW 50 million transferred to D was excluded from the loan and the total amount of the loan was KRW 182,200,00 (refer to the plaintiff's reply of June 8, 2016). Thus, it is difficult to conclude that the plaintiff merely transferred the above transferred money to the defendant, and there is no other evidence to acknowledge it differently.

Thus, the plaintiff's claim is dismissed as it is without merit.