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(영문) 의정부지방법원 고양지원 2018.07.12 2017가단93419

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Around July 2014, the Plaintiff asked the Plaintiff and her husband to borrow KRW 50 million on the ground that he/she had difficulty in living due to overdue payment of the card payment, and the Plaintiff borrowed KRW 50 million to the Defendant on July 17, 2014. At the time, the Plaintiff asserted that the Plaintiff transferred KRW 50 million to the Plaintiff’s father’s and C’s wife’s account due to the Defendant’s credit problem.

The Plaintiff’s assertion that a loan was made by the Defendant is subject to the burden of proving that the loan was made (see Supreme Court Decision 2013Da73179, Sept. 15, 2015). In full view of the purport of the entire pleadings, the Plaintiff transferred KRW 50,00,000 to the account of the Plaintiff’s father and C, who is the Defendant’s wife, on July 17, 2014. Following the above, the Plaintiff transferred KRW 47,740,333 (3,00,000,000,000, 14,581,962, 17,358,371, etc.) with the credit card price in the Defendant’s name, but there was no dispute between the parties, or there was no evidence to acknowledge that there was lack of evidence to acknowledge the transfer of financial transaction information between the Plaintiff and the Defendant at the time of this court’s non-corporate credit card transfer order as a whole.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.