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(영문) 수원지방법원 2015.05.28 2014가단72957
대여금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's summary of the plaintiff's assertion lent a loan of KRW 30 million to the defendant on December 10, 2003, and the defendant did not repay the above money over several times. Thus, the plaintiff demanded the return of the above loan.

2. The following circumstances, namely, the custody certificate (Evidence A 1) submitted by the Plaintiff as evidence to support the alleged facts, which was the initial receipt, stated as “the above amount regularly received,” and the content is revised as “the custody certificate, and the above amount stored,” and the Defendant borrowed money from the Plaintiff.

(1) The Plaintiff submitted the account transfer statement to C, which contains the following: (a) the terms and conditions of the loan or loan, i.e., interest and the repayment period; (b) the above custody certificate was written on behalf of the Defendant; and (c) the Plaintiff did not submit any evidence to acknowledge that C has the right to borrow the above money on behalf of the Defendant; (d) the Plaintiff paid KRW 15 million with financial data to support the above loan; (e) February 25, 2004; and (e) March 21, 2005, KRW 5 million to the Defendant respectively; and (e) the above money was not paid to the Defendant; (e) the time of payment is different from the date of the above custody certificate; (e) the Plaintiff’s judicial divorce case (this case); (e) the Plaintiff’s judicial divorce case against the Defendant (this case); and (e) the Plaintiff’s judicial divorce case, 2003Kadan361, Feb. 31, 2003; and (e) the Plaintiff’s judicial divorce decision was rendered to the Defendant 200003.2.3.

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