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(영문) 서울서부지방법원 2015.07.17 2015가단1072

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. The Plaintiff asserts that, on February 22, 2012, the remittance bank account number of KRW 2,00,000 on the date and time loan of KRW 30,00,000 on April 2, 2012, "〃 20,000,000 " " " " " on April 3, 2012. 10,000,000 won" on August 22, 2012, 200 " " " " " on September 16, 200,000,000 won on September 16, 200,000 won on the remittance bank account number, and that, on the aggregate of KRW 98,00,000 on the loan amount of KRW 30,00 on April 29, 201, the Defendant shall make a claim for damages on the loan amount of KRW 98,000 on the loan amount of KRW 300,000 on the deposit basis as follows.

(2) Preliminary cause of claim: The defendant's father-E deceivings the plaintiff without the intention or ability to repay, and the defendant's act of allowing the plaintiff to use his account to E constitutes a violation of the Act on Real Name Financial Transactions and Confidentiality or an act of soliciting the crime of fraud, and thus, the defendant is liable to compensate the plaintiff's damage as joint tortfeasor, and even if not, the plaintiff's money is transferred to the passbook under the name of the defendant, the above amount should be returned as unjust enrichment

B. (1) In full view of each of the statements in Gap evidence Nos. 1 through 4 and Eul evidence Nos. 1 through 14, the plaintiff remitted the total amount of KRW 98,000,000 as stated in the above table, Eul is the defendant, and the fact that Eul used a new bank account in the name of the defendant, is recognized.

(2) However, it is difficult to find the above facts alone that the Plaintiff and the Defendant concluded a monetary loan contract claiming between the Plaintiff and the Defendant, and there is no other evidence to acknowledge the Plaintiff’s lending to the Defendant.

Therefore, the plaintiff's primary claim is without merit.

(3) On the ancillary claim, the Defendant: