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(영문) 춘천지방법원강릉지원 2020.12.09 2020가단32844
대여금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The plaintiff 1's summary of the parties' assertion is the defendant, 35 million won on February 1, 2016, and the same year.

2. In 16.16. the 32,375,000 won calculated by deducting interest for each month from interest for 15 million won from interest for each month and 32,375,000 won and 13,875,000 won were transferred to each Defendant’s account in the name of each Defendant.

After that, the principal and interest remaining after appropriating the amount of partial repayment by the Defendant to the interest and principal shall be KRW 75,183,824 as of May 13, 2020 (the principal and interest shall be KRW 35,821,918).

Therefore, the defendant should pay the principal and interest of the above debt and damages for delay to the plaintiff.

Preliminaryly, if the defendant borrows money, the above amount should be returned to the unjust enrichment because there is no legal ground.

2. The defendant's attached C used the account under the name of the defendant as a credit problem, and the defendant did not know the details of the deposit and withdrawal.

2. Determination:

A. According to the respective descriptions of evidence Nos. 1 and 2 and the purport of the whole pleadings, the facts of recognition are as follows: KRW 32,375,000 on February 1, 2016; and

2. The fact that KRW 13,875,00 has been transferred to the account in the name of each defendant in the name of the defendant, and the fact that part of the money has been deposited to the plaintiff in the name of the defendant can be acknowledged.

B. The judgment on a loan claim (principal claim) was first given to the Plaintiff: (a) whether a party to a loan for consumption can be recognized as the Defendant; (b) whether there is no objective evidence to prove the facts of a loan for consumption, such as the loan certificate, between the Plaintiff and the Defendant; and (c) even according to the Plaintiff’s assertion, the Plaintiff and the Defendant sent money to the Defendant after hearing the words “I believe that there is no risk of damage even if I lend money to the Defendant; (d) there is no direct contact or confirmation with the Defendant; and (e) the Plaintiff submitted by the Plaintiff.

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