logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.12.24 2015가단225274
대여금
Text

1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' assertion to the defendant, the plaintiff A, the plaintiff A, the amount of KRW 10 million on November 18, 2003, the amount of KRW 65 million on June 1, 2004, the amount of KRW 4 million on November 9, 2005, and the plaintiff B, the amount of KRW 35 million on June 10, 2004, respectively. Thus, the defendant is obligated to pay each of the above amounts to the plaintiffs.

2. Even though there is no dispute as to the fact that the judgment party has received money, the plaintiff asserts that it is a loan for consumption, and the defendant asserts that it was a loan for consumption, and the plaintiff bears the burden of proving that it was received due to the loan for consumption.

According to the evidence Nos. 1 through 5, the plaintiff A deposited the above amount in the company bank account (D) under the name of the defendant, with the amount of KRW 1.18 million on Nov. 18, 2003, KRW 65 million on Jun. 1, 2004, and KRW 4 million on Nov. 9, 2005, respectively. The plaintiff B deposited the above account under the name of the defendant on Jun. 10, 2004, KRW 35 million on May 7, 2014, and the defendant's former wife E deposited the plaintiff's account in KRW 1.35 million on May 7, 2014. However, the above facts alone are insufficient to recognize that the plaintiffs lent the above amount to the defendant, and there is no evidence to support that the plaintiffs lent it to the defendant. Therefore, the plaintiff's assertion is without merit.

3. In conclusion, the plaintiffs' claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

arrow