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(영문) 서울중앙지방법원 2016.09.29 2015가단121018

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff conspireds with the Defendant for about three years. From July 2012 to December 2014, the Plaintiff lent KRW 20,505,10 in total to the Defendant’s deposit account or remitted monthly rent to the lessor on behalf of the Defendant.

B. The amount claimed by the Plaintiff that the Plaintiff lent to the Defendant is the amount that the Plaintiff donated to the Defendant by teaching with the Defendant and by driving with the Defendant for the purpose of the Defendant’s restitution, and is not the amount that

Even if a loan is a loan, the defendant suffered losses, such as being treated with mental therapy and being spent 2,949,300 won as medical expenses, with large and small assault by the plaintiff during the teaching process.

The defendant's treatment expenses and consolation money claims due to the plaintiff's assault shall be offset against the plaintiff's loan claims on an equal amount.

2. As alleged by the Plaintiff, the fact that the Plaintiff remitted money to the Defendant’s deposit account or the lessor’s account does not dispute the Defendant.

As to whether the money transferred by the Plaintiff is a loan, the same text as the evidence No. 7-1 and No. 2, which the Defendant loaned money to the Plaintiff, raises an question as to whether such money is not a loan.

However, according to the overall purport of evidence Nos. 1 and 3 as well as the entire pleadings, the Plaintiff appears to have demanded that the Defendant continue to talk with the Defendant before the relation with the Defendant is terminated, and that the Plaintiff would not demand the return of the money used for the teaching system only after the completion of the educational system with the Defendant. On 2013, when the Defendant applied for individual rehabilitation, it appears that the Plaintiff did not demand the return of the money paid to the Defendant. The relationship between the Plaintiff and the Defendant, the contents of the conversation given before and after the educational system, the Plaintiff’s attitude during the educational system, the money claimed by the Plaintiff as the Plaintiff lent is about three years from July 2012 to December 2014.