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(영문) 서울남부지방법원 2016.07.05 2015가단234293

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. (1) The Plaintiff’s assertion (1) lent KRW 25,00,000 to the Defendant on October 28, 2014 without setting the due date and interest, and thus, the Defendant is obligated to pay the Plaintiff the above KRW 25,00,000 and the delay damages therefor.

(2) The Defendant’s assertion is merely that the Defendant’s spouse lent the above KRW 25,00,000 to C, and the Defendant’s claim for the instant loan against the Defendant is dismissed.

B. According to the records in Gap evidence No. 1, the fact that the plaintiff deposited KRW 25,00,000 in the defendant's account on October 28, 2014 is recognized.

However, the following circumstances are revealed among the statements in Eul evidence Nos. 1 through 3, and the plaintiff and the defendant are deemed to have formed a trust relationship with the plaintiff since 2008 for the plaintiff residing in Japan, such as selling, selling, leasing, etc. of real estate located in Korea owned by the plaintiff. The plaintiff asserted that the defendant borrowed money from the plaintiff due to lack of balance for house purchase. However, the defendant does not seem to have shown that the amount deposited by the plaintiff was used for house purchase price. The money deposited by the plaintiff was transferred to Eul most after the plaintiff, and C was deemed to have used for vehicle purchase price, etc., and C was deemed to have received from the defendant's account prior to deposit in the defendant's account, and C was to have received from a notarized office on Oct. 22, 2014 to have received a certificate of loan from the plaintiff as well as a notarized certificate from the plaintiff. < Amended by Act No. 12837, Oct. 25, 2014>