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(영문) 대전지방법원 2015.10.14 2015가단203056

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On March 2007, the Plaintiff asserted that the Plaintiff entered C University Trade Department and doctoral degree course, and the Defendant, who was the guidance professor, requested the Plaintiff to lend money necessary for the operation fund of D Co., Ltd. established and operated by several professors of the Defendant and C University in September 2007, and lent KRW 150 million to the Defendant, but received only KRW 100 million by May 6, 2009. In so doing, the Defendant demanded that the Plaintiff return KRW 50 million borrowed money to the Defendant.

2. The following circumstances acknowledged by the statements in Gap evidence Nos. 4 and 6, namely, the plaintiff deposited KRW 150 million into the account of Eul Co., Ltd., and deposited KRW 100 million into the plaintiff's account from the account of Eul Co., Ltd., and the returned KRW 100 million into the plaintiff's account, and the debtor entered in the loan certificate submitted by the plaintiff and affixed the above company's seal impression, it is reasonable to see that the party who borrowed KRW 150 million from the plaintiff as Eul Co., Ltd., and the party who borrowed KRW 100 million from the plaintiff is insufficient to recognize that the defendant borrowed the money necessary for the operation of Eul, and the testimony of Gap Co., Ltd. and witness E alone are insufficient to prove that the defendant borrowed the money from the plaintiff.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.