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(영문) 인천지방법원부천지원 2016.07.01 2016가단103974
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts are either a dispute between the parties, or a dispute between the parties, or a statement in Gap evidence No. 1 and No. 2 is revealed in full view of the purport of the entire pleadings.

The Plaintiff and the Defendant living together from February 2013 to August 2014.

B. On July 21, 2013, the Plaintiff transferred KRW 8,000,000 to the Defendant’s mother’s account, and KRW 50,000,000 to the Defendant’s account, respectively, on July 21, 2013, and KRW 9,000,000 on August 21, 2013.

2. The assertion and judgment

A. The plaintiff asserts that the defendant's mother has a duty to pay 8,00,000 won with business funds, and 50,000,000 won with business funds, and 9,000,000 won for the payment of the defendant's studio deposit. Accordingly, the defendant asserts that the defendant has a duty to pay the above 8,00,000 won with the plaintiff's mother's donation for the support of the defendant's mother, and 50,000,000 won with interest of 1,00,000 won with the third party for the use of the defendant's living expenses, and 9,00,000,000 won with the money paid as the lease deposit of the house living together by the defendant. Thus, the defendant does not claim that the defendant borrowed it from the plaintiff.

B. In light of the following circumstances, the Plaintiff stated that it did not prepare a loan certificate while lending money to the Defendant, and that the Defendant remitted KRW 50,000,000 to another person on July 31, 2013. The Defendant asserted that the sum of KRW 9,00,000 that was remitted on August 21, 2013 was paid KRW 27,00,000 as lease deposit on August 22, 2013. According to the statement of transactions submitted by the Defendant, it is difficult to deem that the Plaintiff lent the said money to the Defendant solely based on the evidence No. 1 and No. 2, and no evidence exists to acknowledge that the Plaintiff lent the money.

3. Conclusion, the plaintiff .

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