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(영문) 의정부지방법원고양지원 2019.10.02 2018가단16877
대여금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff asserts that the plaintiff lent a total of KRW 87,200,000 to the defendant as specified in the table below, and claims the return thereof.

C According to the statements in Gap 1 and 2, the plaintiff can recognize the fact that the plaintiff remitted money to the defendant as stated in the above table.

However, in a case where money is transferred to another person’s deposit account, the remittance may be made pursuant to various legal causes, such as loan for consumption, donation, repayment, etc. (see, e.g., Supreme Court Decision 2012Da30861, Jul. 26, 2012). Therefore, it cannot be readily concluded that the money transferred solely from such remittance is a loan, and the party asserting that the money was a loan bears the burden of proving the fact of loan. There is no additional evidence to acknowledge that the money transferred as above in this case is a loan.

Therefore, the plaintiff's claim is dismissed.

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