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(영문) 서울동부지방법원 2020.01.31 2019가단120832

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts following the facts do not conflict between the parties, or are recognized in full view of the entries in Gap evidence 1-1-3 and Gap evidence 2-2 and the whole purport of arguments.

A. On December 7, 2018, the Plaintiff remitted total of KRW 240 million to the Defendant’s corporate bank account.

B. On December 26, 2018, the Defendant remitted KRW 50 million to the Plaintiff’s Nonghyup Bank account.

2. The Plaintiff asserts that on December 2018, 2018, the Defendant loaned KRW 240 million to the Defendant on a ten-day grace day after the due date. Since the Defendant repaid KRW 50 million, the Defendant claimed payment of KRW 190 million for the remainder loans.

As to this, the Defendant asserted that the above KRW 200 million was the repayment amount of KRW 200 million that the Defendant lent to the Plaintiff via the Non-Party Party’s Network C and Non-Party Network D around November 29, 2018 and around the 30th day of the same month, and that the above KRW 50 million was the additional repayment amount to the Plaintiff.

Therefore, the fact that the Plaintiff remitted KRW 240 million to the Defendant on December 7, 2018 is as seen earlier.

However, even if there is a receipt of money, if the defendant asserts that the lending was made, the defendant bears the burden of proof against the plaintiff who asserts that the lending was made (see, e.g., Supreme Court Decision 2014Da26187, Jul. 10, 2014); and in light of the fact that there was several transactions between the defendant's non-party E Co., Ltd. and the plaintiff's non-party Co., Ltd. and the plaintiff's non-party Co., Ltd. during several times from November 1, 2017 to November 2018, the evidence submitted by the plaintiff, such as the statement of evidence No. 5, is insufficient to acknowledge that the above KRW 240 million was a loan to the defendant, and there is no other evidence to deem otherwise.

Therefore, we cannot accept the plaintiff's argument.

3. Thus, the plaintiff's claim is dismissed as it is without merit. It is so ordered as per Disposition.