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(영문) 대구지방법원 2020.04.28 2019나4487

대여금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The fact that the Plaintiff remitted KRW 15,00,000 to the Defendant on November 13, 2014 is not a dispute between the parties.

2. Whether loan claims have been created;

A. The plaintiff's assertion 1) The plaintiff lent the above 15,00,000 won to the defendant. Therefore, the defendant is obligated to pay the plaintiff the above loan 15,00,000 won and damages for delay. 2) The defendant's assertion that the defendant would give more benefits to the plaintiff and offer good benefits to the plaintiff according to the plaintiff's proposal that he would be present at around 2014, but the plaintiff did not offer good benefits to the plaintiff, unlike the above proposal, for six months after his departure from his job.

Therefore, on November 13, 2014, the Plaintiff donated KRW 15,000,000 to the Defendant with the aesthetic mind.

B. Even if there is no dispute between the parties to the relevant legal doctrine as to the fact that money was received, the Plaintiff’s assertion that the loan was lent is proved by the burden of proof on the Plaintiff who asserts that the loan was lent.

(See Supreme Court Decision 2013Da73179 Decided September 15, 2015 and Supreme Court Decision 2017Da37324 Decided January 24, 2018, etc.).

Judgment

Since the defendant is dissatisfied with the cause of receiving the above money, the plaintiff must prove that the cause of receiving the money is based on a loan for consumption.

However, the evidence submitted by the plaintiff alone is insufficient to recognize that the plaintiff lent 15,000,000 won to the defendant, and there is no other evidence to acknowledge it.

Therefore, we cannot accept the plaintiff's assertion.

3. In conclusion, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the first instance is unfair based on its conclusion. Thus, the defendant's appeal is accepted and revoked, and the plaintiff's claim is dismissed.