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(영문) 서울북부지방법원 2020.07.07 2019가단16335
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion was the Defendant’s request, and the Plaintiff lent KRW 76,50,000 to the Defendant and D’s account five times from June 22, 2018, on a sum of KRW 76,50,00,00 to the Defendant. On August 29, 2018, the Plaintiff agreed to receive payment from the Defendant.

Therefore, the defendant is obligated to pay the plaintiff the above loan 76,500,000 won and damages for delay.

2. According to the statements in Gap evidence Nos. 1 through 6, it can be acknowledged that the plaintiff transferred the sum of KRW 76,500,000 from June 22, 2018 to August 20, 2018 to the defendant and D’s account. However, each of the above evidence alone is insufficient to recognize that the above amount was leased to the defendant, and there is no other evidence to acknowledge it otherwise.

In full view of the purport of the entire arguments, the Plaintiff appears to have paid the above money to the Defendant-type C with the investment money in stock transactions, taking account of the contents of the evidence Nos. 1 through 7. Therefore, the Plaintiff’s above assertion is without merit.

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

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