beta
(영문) 수원지방법원 안양지원 2017.01.18 2016가단13374

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

The fact that the plaintiff remitted 30 million won to the defendant's account on December 30, 2011 is no dispute between the parties.

The Plaintiff asserted that the said money was a loan to the Defendant, but the Plaintiff was well aware of it with the Defendant’s mother C, and transferred the said money to the Defendant’s account upon request from C to lend money. At the time, C was using a passbook in the name of the Defendant as a bad credit holder, C used a passbook in the name of the Defendant until July 2013, and C paid a total of KRW 4,540,000 to the Defendant by July 2013 (the ground for recognition is without dispute, the evidence of the Plaintiff’s submission alone is insufficient to recognize that the borrower was the Defendant, and there is no other evidence to prove otherwise.

The plaintiff's claim is dismissed.