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(영문) 서울중앙지방법원 2018.09.14 2017가단52147
대여금 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

There is no dispute over the fact that the Plaintiff remitted total of KRW 100,000,000 to the Defendant on December 2, 2004, KRW 60,000,000 on December 3, 2004, and KRW 100,000,000 on December 7, 2004, to the Defendant.

As to the above remittance amount, the plaintiff asserts that it is a loan to the defendant, and the defendant is the plaintiff's investment in C, and it is denied that he received the remittance and delivered it to C.

The burden of proving the validity of a monetary loan contract in a lawsuit claiming the return of loan is insufficient to recognize that the Plaintiff had established a monetary loan contract as to the amount remitted to the Defendant by the evidence submitted by the Plaintiff, and there is no other evidence to acknowledge this otherwise.

Therefore, the plaintiff's claim is dismissed.

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