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(영문) 서울동부지방법원 2018.02.01 2017가단1869
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. The Plaintiff’s assertion is liable to pay the Plaintiff the remainder of KRW 100 million (i.e., KRW 272 million - KRW 172 million - KRW 172 million) and damages for delay, since the Plaintiff lent KRW 272 million to the Defendant.

Even if the plaintiff did not lend the above money to the defendant, since the defendant received money to his own foreign exchange bank account does not have any legal ground, the defendant is obligated to pay the remainder of KRW 100 million and delay damages to the plaintiff with the return of unjust enrichment.

B. First, the health class, Gap evidence No. 2 did not admit the authenticity of the establishment of the loan claim, and the statement of Gap evidence No. 3 alone is insufficient to recognize it, and there is no other evidence to acknowledge it.

Rather, in full view of the purport of the entire pleadings in the statement Nos. 1 to 5 (including each number), B appears to have used the Defendant’s foreign exchange bank account.

Then, according to the above evidence, the plaintiff was found to have lent money to the bank account under the name of the defendant with respect to the claim for return of unjust enrichment. Thus, there is no legal ground for the above remittance of money.

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

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