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(영문) 인천지방법원 2015.11.26 2015가단14289
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

According to Gap evidence No. 1, it is recognized that the plaintiff remitted to the defendant's account the amount of KRW 20 million on May 12, 2011, KRW 50 million on May 17, 2011, and KRW 10 million on January 25, 2012.

Although the Plaintiff asserted that he lent the sum of KRW 35 million to the Defendant as above, it is insufficient to recognize that the Plaintiff lent the sum of KRW 35 million to the Defendant only due to the above facts of recognition, there is no other evidence to acknowledge it, and instead, in full view of the purport of the entire pleadings in the witness C’s testimony, C used the above account in the name of the Defendant as a matter of bad credit standing, etc., and the Plaintiff is only recognized as remitting the sum of KRW 35 million upon request by C.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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