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(영문) 광주지방법원 2016.11.16 2016가단25039
약속어음금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the plaintiff's claim

A. According to the evidence Nos. 1 and 1-1 of the evidence Nos. 1 and 1-1, the Plaintiff may recognize the fact that he/she lent KRW 20,000 to the Defendant on May 20, 201.

B. The plaintiff alleged that he lent 10,000,000 won to the defendant in addition to the above amount. However, the statement of No. 1 alone is insufficient to recognize it, and there is no other evidence to acknowledge it.

C. Meanwhile, according to the statement 1-10 of the evidence Nos. 1-10, the Defendant may recognize the fact that the Defendant paid to the Plaintiff a sum of KRW 37,550,000 on nine occasions from June 22, 2011 to May 21, 2012, thereby discharging the Plaintiff’s obligation in full. Thus, the Plaintiff’s claim for the loan is without merit.

On April 19, 201, the Plaintiff asserted that the Defendant’s defense of repayment was either lent KRW 20,000 to the Defendant in cash or received expenses for business trip while attending a business trip on behalf of the Defendant. However, each of the items of evidence Nos. 2 and 3 is insufficient to acknowledge the Plaintiff’s above assertion, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s assertion is without merit.

2. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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