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(영문) 춘천지방법원 2015.12.15 2015가단4040
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The plaintiff's assertion was requested by the defendant to lend funds from the defendant, and the defendant was requested to do so, and the plaintiff's assertion was 10,000,000 won on February 17, 2014; 16,000,000 won on February 17, 2014; 21.2,00,000,000 won on February 21, 20

4. A loan of KRW 30,000,000 on 2.21.2,000,000, but has yet to be repaid yet, and thus, the above loan of KRW 30,000,000 and damages for delay shall be claimed against the Defendant.

나. 피고의 주장 피고는, 2013. 6.말경부터 원고와 불륜관계를 유지하던 중 원고로부터 애견� 개업을 위한 자금으로 24,000,000원을 증여받았을 뿐 이를 차용한 것이 아니므로 원고의 위 청구에 응할 수 없다고 다툰다.

2. The judgment-based monetary loan contract is a scarcity and an infinite contract established when one of the parties agrees to transfer money to the other party, and the other party agrees to return money to the other party. Since the defendant denies the loan agreement as to the plaintiff's assertion of lending, the burden of proving that there was a lending agreement is against the plaintiff

Therefore, according to the statements in Gap evidence Nos. 1 through 3, from the plaintiff's account under the plaintiff's name, the defendant shall be KRW 10,000,000 on February 17, 2014, KRW 10,000 on February 17, 2014, KRW 2,000,000 on February 21, 200,000 on February 21, 200,000 on February

4. The fact of each transfer in 21.2,00,000 won is recognized.

However, in the instant case where there is no objective evidence that there is an agreement for a loan for consumption as the Plaintiff and the Defendant did not prepare any specific disposal document, such as a loan certificate and a loan for consumption, it is difficult to recognize that the Plaintiff lent the above money to the Defendant who was in the bad faith relationship, and there is no other evidence to

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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