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(영문) 서울서부지방법원 2019.08.29 2019가단3939
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserts that the plaintiff transferred a total of KRW 57 million from October 1, 2009 to the defendant's account that is the same student of this case, and that the plaintiff transferred a total of KRW 57 million to the defendant from March 18, 2009 to the defendant's account that is the student of this case.

The defendant asserts that the plaintiff remitted KRW 57 million to the plaintiff, not the loan, but the plaintiff remitted to the golf-type business with the defendant as investment funds. Even if it is assumed that the loan was a loan as alleged by the plaintiff, the five-year commercial extinctive prescription was completed, and the plaintiff received repayment such as receiving the money for the disposal of the business machinery.

2. The judgment is based on the facts that the plaintiff remitted 57 million won to the defendant's account from March 18, 2009 to October 1, 2009. However, even if it is assumed, as alleged by the plaintiff, that this is a loan lent to the defendant (it does not include a loan certificate, etc. written by the plaintiff between the defendant and the defendant, and the defendant was running golfwa business together with C. However, the plaintiff was transferred from May 2009 to September 2009 to KRW 5.7 million each month in the name of "C," which was remitted by the plaintiff to the defendant account from May 2009 to September 2, 2009. According to the tax information reply, even if the plaintiff discontinued the above money to the plaintiff, it is not clear that the plaintiff loaned the above money to the defendant within 1.5 million won each month from May 2009 to September 1, 2009 to 1, 2009.

3. The plaintiff's claim is dismissed.

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