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(영문) 의정부지방법원 2017.04.06 2016가단16283

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that the Plaintiff lent KRW 40 million to the Defendant on March 20, 2014 and March 26, 2014, and KRW 15 million on June 28, 2014, and KRW 25 million on June 29, 2014, and KRW 40,000,000 on June 29, 2014. Therefore, the Defendant is obligated to return the said loan to the Plaintiff and pay damages for delay incurred from the day following the delivery of the copy of the instant complaint to the Plaintiff.

2. As to whether the Plaintiff lent KRW 40,000,000 to the Defendant, according to the health account statement in Gap evidence No. 1, as to whether or not the Plaintiff lent KRW 40,000 to the Defendant, the fact that the Plaintiff entered into a loan agreement with the Defendant to lend KRW 40,000,000 with the Defendant on March 20, 2014, KRW 10,000,000 on March 26, 2014, KRW 10,000 on June 28, 2014, and KRW 5,000 on June 29, 2014, and there is no other evidence to acknowledge that the above fact alone was insufficient to acknowledge that the Plaintiff delivered KRW 40,00,00 with the Defendant the subject matter of the loan for consumption, and that there was no other evidence to acknowledge that the Plaintiff delivered the said subject matter of the loan for consumption to the Defendant.

(E) In light of the above, the plaintiff asserts that D, who is a son, requires money to be paid to the defendant, and that he borrowed the above KRW 40,00,000 by demanding that he/she borrowed money only for 2,3 months. According to the above argument of the plaintiff, according to the above argument of the plaintiff, the other party to the loan for consumption contract can be viewed as D, not the defendant. Therefore, the plaintiff's argument is without merit.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.