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(영문) 수원지방법원 2019.05.14 2018나79582
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Determination on the cause of the claim

A. On July 26, 2015, the Plaintiff asserted that on July 26, 2015, the Plaintiff leased KRW 10,000 to the Defendant without specifying the date of repayment and the interest, and that the Defendant would promptly pay the said loan. Therefore, the Defendant is obligated to pay the Plaintiff the said loan of KRW 10,000 and the damages for delay.

B. Determination 1) In a case where money is transferred to another person’s deposit account, the remittance may be made based on various legal causes (see, e.g., Supreme Court Decision 2012Da30861, Jul. 26, 2012). Even if there is no dispute between the parties as to the fact that the money is received, if the Defendant contests the Plaintiff’s assertion that the lending was made, the Plaintiff bears the burden of proving that the lending was made (see, e.g., Supreme Court Decision 2013Da73179, Sept. 15, 2015). 2) According to the Plaintiff’s evidence No. 1, it is acknowledged that the Plaintiff transferred a total of KRW 10,000 to the Defendant’s account under the name of the head of Tong on July 26, 2015. The Plaintiff’s entry of KRW 10,000,000 in the Plaintiff’s account under the name of the Defendant’s representative director, and there was no evidence of the Plaintiff’s deposit account No. C1.

2. Conclusion.

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