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(영문) 대구지방법원김천지원 2015.09.16 2015가단4920
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that the Plaintiff lent KRW 165,200,00 to the Defendant from January 17, 2014 to March 19, 2015. As such, the Plaintiff was paid KRW 70,000 among them on January 20, 2014, the Defendant is obligated to pay the remainder of KRW 95,200,000 to the Plaintiff and the damages for delay.

2. According to the purport of the Plaintiff’s evidence Nos. 1 through 3 and the entire pleadings, the fact that KRW 100,000,000 was transferred from the Plaintiff’s account to C’s account on January 17, 2014, from the Defendant’s account to the Plaintiff’s account, the fact that KRW 70,00,000 was transferred from the Plaintiff’s account to the Defendant’s account, and the fact that the Plaintiff’s account was transferred from January 24, 2014 to March 18, 2014, although it is recognized that the account transfer to C was difficult to view that the account transfer to the Defendant is against the Defendant, the Defendant’s account transfer to the Plaintiff is prior to the Plaintiff’s account transfer to the Defendant, and there is no other evidence to prove that there was a lending agreement between the Plaintiff and the Defendant, the fact alone does not have any other evidence to acknowledge that the Defendant is liable to pay KRW 95,20,000 to the Plaintiff.

3. The plaintiff's claim is dismissed. It is so decided as per Disposition.

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