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(영문) 대구지방법원 2017.01.19 2016가단25888
대여금
Text

1. All claims filed by the Plaintiff (Appointed Party) and the designated parties against the Defendants are dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Determination as to loan claims

A. The Plaintiffs asserted that Plaintiff A wired the total sum of KRW 1.1 million on January 18, 2016, KRW 2.2 million on January 19, 2016, and KRW 3.9 million on January 23, 2016 to Defendant B’s account. On January 27, 2016, Plaintiff A wired KRW 3.3 million to Defendant C’s account.

Plaintiff

D transferred KRW 6 million to Defendant B’s account on January 23, 2016, and Plaintiff E transferred KRW 900,000 to Defendant B’s account on January 25, 2016.

Accordingly, each of the above money was lent to the defendants.

B. The plaintiff's assertion that there was no dispute between the parties to the judgment as to the fact that money was received, even if there was no dispute between the parties to the judgment, when the defendant contests the cause of receipt, the party bears the burden of proof

(See Supreme Court Decision 2013Da73179 Decided September 15, 2015 (see, e.g., Supreme Court Decision 2013Da73179, Sept. 15, 2015). The lending of money takes effect when the Plaintiffs agreed to transfer the ownership of the money to the Defendants and agreed to return it to such amount (Article 598 of the Civil Act). The Plaintiffs did not provide any evidence that they lent money to the Defendants, and rather, according to the purport of the entry and the entire pleading in subparagraph 1, if they invested in the company where Defendant B was the head of a branch, the company would give the profits twice as much as the investment money to the Defendants. Therefore, the Plaintiffs’ assertion that the Plaintiffs wired money to the Defendants (i.e., the Plaintiffs, as the introduction of Defendant C, wired money to the Defendants by making investments in

2. Determination as to the claim for agreed amount

A. The Plaintiffs asserted that they return money to the Defendants, and the Defendants agreed on March 31, 2016 to pay money to the Plaintiffs until May 31, 2016.

B. According to the evidence No. 3, Defendant B’s statement on March 31, 2016 to the Plaintiff “F”.

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