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(영문) 인천지방법원 2018.08.22 2018가단201350

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. In around 2015, the Plaintiff was finally hedging around May 2017, when she satising the Defendant.

B. The Plaintiff remitted total of KRW 5,100,00 to the Defendant, KRW 60,00 on June 1, 2016, KRW 4,000, KRW 00 on June 7, 2016, and KRW 5,100,000 on June 14, 2016, and KRW 2,50,000 on August 1, 2016, KRW 5,500,000 on the total of KRW 4,00,00 on August 26, 2016, KRW 30,00 on March 6, 2017, KRW 30,00 on March 10, 200, KRW 300 on the total of KRW 1,50,000 on the basis of KRW 30,00 on March 10, 207, KRW 200 on the basis of 30,307,200.

C. In addition to the above money, the Plaintiff wired money to the Defendant over several occasions from November 3, 2015 to April 25, 2017.

Around May 2017, the Plaintiff filed a criminal complaint against the Defendant on the grounds that “The Defendant, even if having borrowed money from the Plaintiff, did not have any intent or ability to complete the payment, was access as if he were married to the Plaintiff and obtained by deceiving KRW 19,00,000 from the Plaintiff.”

On September 19, 2017, the prosecutor of the Incheon District Prosecutors' Office issued a non-prosecution disposition against the defendant to the effect that "It is confirmed that the defendant used money according to the purpose of use received by the defendant, the defendant was living together for marriage with the plaintiff, and the defendant cannot verify the details of living with another male, and it is difficult to see that the defendant deceivings the plaintiff, and there is no other evidence to recognize the facts of the crime."

In this regard, the plaintiff filed an appeal against the prosecution but the appeal was dismissed.

[Ground of recognition] Evidence Nos. 2, 3, 4, Eul Nos. 5 and 7, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion: (a) around June 2016, the Defendant: (b) KRW 5,100,000 over three occasions for the Defendant’s payment of debt; (c) KRW 5,500,000 over two times for the Defendant’s payment of debt to Samsan-dong, Incheon around August 2016; and (d) around March 2017 for the Defendant’s marriage fund use as the Defendant’s marriage fund; and (e) KRW 18,30,000 over four times.