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(영문) 서울남부지방법원 2015.12.18 2015가단38297

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff asserts that the Plaintiff lent KRW 10,000,000 to the Defendant on September 24, 2013, January 18, 2014, April 28, 2014, KRW 10,000,000,000 on July 4, 2014, KRW 10,000 on July 25, 2014, and KRW 5 million on September 19, 2014, respectively, and sought reimbursement.

Even if the statement in Gap evidence 1-1, 2, 4, and 7 is based on the statement, C is deemed to have remitted the above money to the defendant under a monetary loan contract between the plaintiff and the defendant on September 24, 2013; January 18, 2014; April 28, 2014; and D, July 4, 2014; and KRW 10 million on July 25, 2014; and KRW 5 million on September 19, 2014; even according to each statement in Gap evidence 3-1 and 2, it is difficult to recognize that the said money was remitted to the defendant under a monetary loan contract between the plaintiff and the defendant; and there is no other evidence to acknowledge it otherwise.

(1) The Plaintiff’s claim and the cause of the claim on October 28, 2015 asserted that “the Defendant promised to have the Plaintiff select the money as the contractor at the time of requesting the Plaintiff to borrow the above money, and if the Plaintiff is not selected as the contractor of the instant reconstruction project, the Plaintiff would have returned the entire amount.” However, even according to the Plaintiff’s claim, the Plaintiff’s claim cannot be accepted.