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(영문) 제주지방법원 2015.03.27 2014가단9563
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The plaintiff's assertion 1) The plaintiff agreed to receive payment after one month from the defendant, and lent 40,000 won to the defendant on June 14, 2004, 1340,000 won on May 31, 2004, and 41,340,000 won on June 22, 2004, and the defendant was not paid 21,340,000 won on June 23, 2004. Thus, the defendant asserts that the defendant is liable to pay the remaining 21,134,000 won and 20,000 won on June 23, 2004 to the plaintiff, and the above money transferred from the plaintiff to the plaintiff was transferred by the defendant to C by the defendant's investment in the company of operation, and the above money was not borrowed from the plaintiff.

B. Determination 1) If Gap's evidence Nos. 1 and 2 are collected together with the purport of all the statements and arguments, the plaintiff remitted to the defendant the amount of KRW 40 million on June 14, 2004, and KRW 1340,000 on May 31, 2004, and the fact that the plaintiff received KRW 20 million from the defendant on June 22, 2004 can be acknowledged. However, it is difficult to believe that the plaintiff lent the above money to the defendant in light of the evidence Nos. 3, the witness evidence Nos. 1 and E's testimony is insufficient to recognize it, and there is no other evidence to acknowledge it. Thus, the plaintiff's above assertion is without merit.

2. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.

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