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(영문) 부산지방법원 2017.11.03 2017가단21462

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The fact that the Plaintiff loaned KRW 40,000,000,000 to Nonparty C on August 29, 2016, and KRW 40,000,000 on September 1, 2016, and deposited each of the said money to the Defendant’s bank account may be recognized by the purport of the entry of the evidence No. 1 and the entire pleadings, and there is no reflective evidence.

2. The Plaintiff’s determination as to the Plaintiff’s claim: (a) the above loan to Nonparty C was deposited into the Defendant’s bank account; and (b) the Plaintiff was paid interest through the above bank account; (c) the Defendant asserted that the Defendant was also a person who borrowed the above loan from Nonparty C with the Plaintiff; (d) sought payment of the money stated in the purport of the claim as the return of the loan against the Defendant; (e) it is difficult to view that the loan was concluded between the Defendant and the Plaintiff merely because Nonparty C received the above loan from the Defendant’s bank account and paid interest to the Plaintiff via the above bank account; and (e) there is no other evidence to acknowledge

3. Therefore, the plaintiff's claim is dismissed. It is so decided as per Disposition.