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(영문) 광주지방법원목포지원 2019.07.10 2018가단6691
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The parties' assertion

A. The Defendants asserted that they would sell a restaurant after 3 to 4 years if they lend money to the Plaintiff with the operating funds of the restaurant between husband and wife.

Therefore, from January 28, 2008 to March 25, 2008, the Plaintiff deposited KRW 34 million in the Defendant’s name account, and lent KRW 41.5 million in cash to Defendant B by paying KRW 7.5 million. The Defendants sold the restaurant around 2011.

Therefore, the Defendants jointly have the obligation to pay the Plaintiff the above loans amounting to KRW 41.5 million and damages for delay.

B. The Defendants’ assertion that the money the Plaintiff paid to the Defendants was invested in relation to the operation of the restaurant, and the Defendants did not have the duty to pay the money to the Plaintiff.

2. The Plaintiff, from January 28, 2008 to March 25, 2008, deposited a total of KRW 34 million into the Defendant C’s account; the Plaintiff paid cash in connection with the operation of a restaurant to Defendant B, without any dispute between the parties, or according to the overall purport of the entries and arguments in subparagraph 1-1 and subparagraph 2-2 (hereinafter “the money transferred or paid by the Plaintiff to the Defendants”). However, even if there is no dispute between the parties as to the Plaintiff’s assertion that the money was received, the Plaintiff bears the burden of proving the loan (see, e.g., Supreme Court Decisions 72Da221, Dec. 12, 1972; 2014Da26187, Jul. 10, 2014); and (ii) there is no evidence that there is no specific amount of interest on the Plaintiff or any specific amount of money paid to the Defendants between the Plaintiff and the Defendants (see, e.g., Supreme Court Decision 2014Da26187, etc.).

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