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(영문) 제주지방법원 2015.12.04 2015가단4459
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff asserted that: (a) the Plaintiff: (a) determined that the Defendant was due on February 6, 2012 as of March 6, 2012; and (b) determined that the Plaintiff’s repayment period of KRW 9 million on February 9, 2012 as of March 9, 2012; and (c) determined the amount of KRW 20 million on February 20, 2012 as the repayment period until March 20, 2012; and (d) determined the amount of KRW 13.5 million on February 29, 2012 as of March 29, 2012 as the repayment period as of March 29, 2012.

B. According to the evidence Nos. 1 and 4 (including each number; hereinafter the same shall apply) of the judgment, it can be acknowledged that the plaintiff transferred each of the above claims of the plaintiff to the account under the name of the defendant to the above date of the plaintiff's assertion, and that the defendant's husband B prepared a performance statement to the effect that the defendant's husband B would pay the above amount under the name of

However, the above facts alone are insufficient to recognize the fact that the defendant borrowed each of the above money from the plaintiff, and further there is no evidence to support the fact that B obtained a legitimate power of representation from the defendant.

The plaintiff's above assertion is without merit.

2. The plaintiff's claim is dismissed as it is without merit.

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