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(영문) 의정부지방법원고양지원 2014.06.12 2013가합3781
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserts that since the plaintiff lent a total of KRW 382,870,330 from July 20, 2009 to January 26, 2013 as shown in the separate sheet, the defendant is obligated to pay the above loan and the damages for delay to the plaintiff. As to this, the defendant did not receive the total of KRW 172,058,930 (hereinafter referred to as "the plaintiff's claim") from the plaintiff, and the remainder received from the plaintiff was donated during the period during which he/she entered into an internal relations.

2. Determination

A. First of all, according to the records in Evidence Nos. 1 through 5, and Nos. 1 and 2 with respect to the total amount that the Plaintiff paid to the Defendant, the Plaintiff paid to the Defendant KRW 210,81,400 (hereinafter “the instant money”) as stated in the [Attachment Nos. 4, 5, 7, 9, 10, 12 through 36, 38, 40 through 71 in terms of lease deposit, expenses incurred in studying abroad, etc.

However, with respect to whether the Plaintiff’s claimed money was additionally paid KRW 172,058,930 ( KRW 382,870,330 - KRW 210,81,400), there is insufficient evidence to acknowledge that the Plaintiff paid the above money to the Defendant, and there is no other evidence to acknowledge otherwise.

The plaintiff asserted that the defendant was aware that he received KRW 352,658,930 from the plaintiff, and therefore, he stated in the reply that the defendant was aware that he received the above amount. However, this was done without the accurate awareness of the detailed details in the process of disputing that part of the money received from the plaintiff was a gift rather than a loan. Therefore, it is difficult to regard it as a confession in court. Even if the defendant was led to confession in court, the above statement is made.

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