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(영문) 대전지방법원 2018.10.31 2018가단219892

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The assertion and judgment

A. Upon receiving a request from the Defendant, who was known to the general public, on June 5, 2008, the Plaintiff loaned KRW 19 million to C, KRW 19 million to D, and KRW 12 million to E, and agreed with the Defendant to receive interest equivalent to KRW 800,000 per month. As such, the Plaintiff agreed with the Defendant to receive interest equivalent to KRW 14,00,000,000 from the Defendant, and the Defendant only received only the principal amount of KRW 36,00,000,000,000 from the Defendant, and thus, the Defendant is obligated to pay to the Plaintiff the remaining principal amount of KRW 36,00,00,000, and interest and delay damages thereon.

B. The Plaintiff’s assertion that a loan was made even if there was no dispute between the parties as to the fact that the loan was made, has the burden of proving that the loan was made to the Plaintiff.

(2) In light of the aforementioned legal principles, the Plaintiff wired the instant amount of KRW 19 million to C on June 5, 2008, KRW 19 million to D, KRW 19 million, and KRW 12 million to E, to the bank account in the name of the Plaintiff, and the Defendant wired the amount of KRW 50 million on August 27, 2008, KRW 100,000,000 to the bank account in the name of the Plaintiff and KRW 10 million on October 22, 2009, KRW 100,000,000 to KRW 50,000,000,000 to KRW 50,000,000,000 to KRW 50,000,000,000 to KRW 505,00,000,000,000 to KRW 505,00,00,00,00.

Rather, according to the statement in Gap evidence No. 2, the plaintiff is as of May 5, 2009.

8.6. In light of the fact that two medicine companies received 800,000 won from each of them, and the Defendant could not find out the details of remitting KRW 800,00 to the Plaintiff during the pertinent month, even if the Plaintiff asserts.