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(영문) 수원지방법원 2015.10.08 2014가단67559

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On September 28, 2012, the Plaintiff asserted that the Plaintiff lent KRW 10,000 to the Defendant, and the Defendant decided to pay KRW 13,000,000 by October 10, 2012.

In addition, the Plaintiff additionally lent KRW 10,000,000 on January 30, 2013, and KRW 10,000,000 on March 14, 2014 to the Defendant.

Accordingly, the Plaintiff seeks payment of the total amount of KRW 33,00,000 to the Defendant.

2. According to the statements in Gap evidence Nos. 1 and 2, the plaintiff transferred KRW 10,000,000 to the defendant's account on September 28, 2012, and the defendant deposited KRW 13,000,000 to the plaintiff by October 10, 2013 on the same day (hereinafter referred to as "the loan certificate of this case").

A. The fact that the Plaintiff prepared and delivered the Plaintiff, and the fact that the Plaintiff deposited KRW 5,00,000 in the Defendant’s account on January 30, 2013 and March 14, 2014 is recognized.

On the other hand, the following facts and circumstances that can be recognized by the overall purport of statement and pleading in Eul evidence 2, i.e., ① the defendant's mother-child C had registered his business with the defendant under the name of the defendant and seems to have engaged in financial transactions with the plaintiff, ② the plaintiff's account on March 18, 2013, KRW 5,000,000 on August 27, 2013, and KRW 5,000 on December 25, 2013, KRW 3,000 on February 10, 200, KRW 200,000 on February 2, 205, KRW 10,000 on May 20, 2014, KRW 10,000 on 10,000 on 10,000 on 10,000 on 10,000 on 205,305.20 on 205.205.2