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(영문) 광주지방법원 2018.10.25 2018가합53462
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff transferred KRW 900 million to the Defendant on January 25, 2011.

2. Determination on the cause of the claim

A. The Plaintiff asserted that the Plaintiff lent KRW 900 million to the Defendant on January 25, 2011.

Therefore, the defendant is liable to pay to the plaintiff KRW 900 million and damages for delay.

B. The plaintiff's assertion that the defendant lent money to the judgment party even if there is no dispute as to the fact that the judgment party received money, must prove that the plaintiff lent money to the court.

(See Supreme Court Decision 2013Da73179 Decided September 15, 2015). However, in light of the fact that the Plaintiff, while lending a large amount of KRW 900 million to the Defendant, did not receive the same document as the loan certificate, the evidence submitted by the Plaintiff alone is insufficient to acknowledge the fact that the money transferred by the Plaintiff to the Defendant was the money that the Plaintiff lent to the Defendant, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim is without merit.

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

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