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(영문) 수원지방법원성남지원 2016.04.27 2015가단18038
대여금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Plaintiff

A asserts that December 13, 201, the Defendant lent KRW 150,000,000 to the Defendant on a monthly basis as 2.5% of interest, and that Plaintiff B lent KRW 50,000,000 to the Defendant on November 24, 201 as interest rate of KRW 2.5% on December 13, 201.

The following facts are acknowledged in light of the following facts in the statements in Gap evidence Nos. 1, 2, 3, 4, and Eul evidence Nos. 4-1, 2, 12, and 13, or in full view of the purport of the whole pleadings.

① On December 13, 2011, Plaintiff A remitted KRW 150,000,000 to the Defendant’s account, and Plaintiff B remitted KRW 50,000 to the Defendant’s account on November 24, 2011.

② On December 9, 2011, the Defendant was a representative of D Co., Ltd., which was established around December 9, 201, and the actual operator of D was E.

③ On November 8, 2011, E sent a telephone text message to the effect that money is promptly lent to the Plaintiff’s wife F.

④ On December 25, 2011, D transferred KRW 2,500,000 to Plaintiff A, and Plaintiff A transferred KRW 1,250,000 to Plaintiff B, while Plaintiff A transferred the remainder of KRW 1,250,000 to Plaintiff B, respectively.

However, it is difficult to view the above facts alone that the plaintiffs lent each of the money stated in the purport of the claim to the defendant, and it is insufficient to recognize it only with the entries in Gap evidence 5 through 8, and there is no other evidence to acknowledge it.

Therefore, all of the plaintiffs' arguments are without merit.

Therefore, all of the plaintiffs' claims are dismissed as it is without merit. It is so decided as per Disposition.

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