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(영문) 수원지방법원성남지원 2019.01.29 2018가단228379
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 the Plaintiff is the former spouse who was divorced between C and C in 2015. However, even if the Defendant lent a total of KRW 62,530,000 from May 2003 to December 2014, the Plaintiff did not receive KRW 13,200,000 among them, and thus, the Defendant should additionally receive KRW 49,330,000 in balance.

이에 대하여 피고는, 위 돈은 시댁으로부터 생활비로 증여받은 돈이거나 원고로부터 급여로 받은 돈이라는 취지로 주장한다.

2. In light of the following facts: (a) the Plaintiff’s omission and the Defendant’s former spouse who was divorced in around 2015, there is no dispute between the parties; and (b) the Plaintiff transferred money to the Defendant on several occasions after May 2003, according to the evidence Nos. 3 and Nos. 2 and 3 (including the serial number).

However, in full view of the following circumstances revealed through the purport of the evidence and the entire pleadings, namely, ① the Plaintiff and the Defendant were in a matrimonial relationship from around 2015, ② there was no evidence to claim reimbursement of the said money from around 2003, which was about 15 years prior to the Plaintiff’s transfer of money to the Defendant, and there was no evidence to acknowledge otherwise.

Therefore, the plaintiff's assertion is without merit.

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

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