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(영문) 서울동부지방법원 2016.08.11 2015가단124898
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the parties’ assertion

A. Upon receiving a request for a loan of KRW 50 million from the Defendant, the Plaintiff paid KRW 50 million to the bank account in the name of the Defendant C on June 2, 2005.

The Defendant is obligated to pay the remainder of the loan and the damages for delay to the Plaintiff, as the Plaintiff did not pay the remainder of KRW 2 million among the above loan, on the date of 2012,00,000 to the Plaintiff.

B. The Defendant did not borrow money from the Plaintiff, and did not request the Plaintiff to pay the loan to the account in the name of C.

The defendant does not have to pay 2 million won to D representative director as part of the above loan.

2. According to the reasoning of the judgment of the court below, C received KRW 50 million from the plaintiff on June 2, 2005, and C transferred the Internet account of KRW 50 million to E bank account on the same day. However, the above-mentioned facts and the statement of Gap evidence No. 2 alone are insufficient to recognize that the above-mentioned amount of money transferred to the plaintiff is a loan to the defendant, and there is no other evidence to acknowledge that it is a loan to the defendant. Thus, the plaintiff's assertion is without merit.

3. Conclusion against the Plaintiff.

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