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(영문) 대전지방법원천안지원 2017.07.04 2016가단114428
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 18, 2013, the Plaintiff respectively transferred KRW 20,000,000 to the Defendant’s bank account, and KRW 10,000,000 on March 30, 2015.

B. The Defendant transferred the Plaintiff’s bank account of KRW 500,00 on February 24, 2014, KRW 1,000,00 on April 1, 2014, KRW 1,000,00 on May 18, 2015, KRW 50,000 on June 19, 2015, KRW 50,000 on June 25, 2015, KRW 50,000 on June 5, 2015, KRW 50,00 on July 9, 2015, KRW 50,000 on July 13, 205, KRW 50,000 on August 50, 2015, KRW 00 on August 18, 2015, KRW 00,000 on May 10, 205,005, respectively.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. 30,000,000 won that the Plaintiff transferred to the Defendant’s bank account. Since the Defendant paid only KRW 6,000,000 among them, it is obligated to pay the unpaid amount of KRW 24,000,000 and delay damages.

B. The Defendant’s assertion that the Plaintiff transferred KRW 30,000,000 to the Defendant’s bank account is not a loan to the Defendant, but a transfer to the Defendant’s illegal C site’s investment.

Accordingly, the defendant paid part of the profits accrued from the operation of the above Csite to the plaintiff several times, but there is a large loss due to the subsequent operational problems.

3. Determination

A. Even if there is no dispute as to the fact that there is an amount of money between the parties, the cause that the Plaintiff received is a loan for consumption, and if the defendant asserts that it was received due to a loan for consumption, the plaintiff bears the burden of proving that it was received due to the

(See Supreme Court Decision 72Da221 delivered on December 12, 1972, etc.). B.

As to whether the money transferred by account transfer to the Defendant by the Plaintiff is a loan, each statement of the health account statement and evidence of Nos. 1 and 2 (including each number) is insufficient to recognize it, and there is no other evidence to acknowledge it.

Rather, the following circumstances are revealed in full view of the purport of the entire pleadings.

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