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(영문) 울산지방법원 2015.11.18 2015가단12931
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that the Plaintiff lent KRW 60 million to the Defendant on February 1, 201, KRW 10 million, KRW 20 million on June 20, 201, and KRW 30 million on May 30, 2012.

2. Determination

A. According to the evidence evidence Nos. 3, 4, 5, and 6 (including the serial number) as to the claim on loans worth KRW 10 million as of February 1, 2011 and KRW 20 million as of June 20, 201, the fact that the Plaintiff’s comprehensive financial securities (the subsequent change to the securities) in the name of the Plaintiff was transferred from the bank D account in the name of the Defendant under the name of the Defendant (hereinafter referred to as the “instant deposit account in the name of the Plaintiff”) to the Defendant’s bank D account in the name of the Defendant (hereinafter referred to as the “Defendant’s bank account in the name of the Defendant”), the fact that KRW 10 million was transferred from the Geumcheon Credit Cooperative E account in the name of the Plaintiff to the Defendant bank account in the name of the Defendant on February 1, 2011 is recognized.

However, the fact alone is insufficient to recognize that the Plaintiff lent the above money to the Defendant, and there is no other evidence to acknowledge it.

B. According to the evidence Nos. 2, 7, and 9 as to the assertion on loans worth KRW 30 million on May 30, 2012, around 12:56, around May 30, 2012, the amount of KRW 30 million was transferred from the same deposit account in the name of the Plaintiff to the bank account in the name of the Defendant, and the fact that the same deposit account in the name of the Plaintiff and the bank account in the name of the Defendant entered “B/Borrowings” in the transaction details of the bank account in the name of the Plaintiff.

However, in full view of the facts without dispute, evidence Nos. 3 and 7, the following facts can be acknowledged: ① The plaintiff married on Nov. 3, 2006 with the defendant, but married on Aug. 5, 2013; ② at the time of the above transfer, the plaintiff managed the bank account in the name of the defendant as well as the dynamic deposit account in the name of the defendant; ② the statement "B/Borrowings" in the transaction details was also the plaintiff; ③ around May 30, 2012, the transfer of KRW 30 million from the bank account in the name of the defendant to the national bank D account in the name of the plaintiff from May 30, 2012. In light of the above circumstances, the above facts alone are established.

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