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(영문) 서울동부지방법원 2016.11.14 2015가단36076
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The fact that the Plaintiff remitted KRW 40,620,00 to the Defendant on November 19, 2007, ② KRW 25,250,000 on February 18, 2008, ③ and KRW 40,608,558 on January 13, 2013 is no dispute between the parties.

(1) ② is considered first.

In light of the Plaintiff’s assertion that the remittance of each of the above amounts was the remittance to the Defendant as the cause of the claim in this case, the remittance amount of this case was 40,620,000 won, 25,250,000 won, and the amount was 10,000 won, and the remittance amount to the Plaintiff recognized by the statement in subparagraph 4, i.e., the Plaintiff’s remittance of KRW 520,000 or KRW 620,000 for each month from the beginning of 207 to the delivery of remittance, and KRW 250,000 for each month from the next month to the transfer of remittance, the Plaintiff’s above remittance amount to the Defendant was established in a loan contract for consumption with the Defendant in which the Plaintiff would lend the amount to the Defendant in this case, and there is no other evidence to acknowledge that the Plaintiff transferred the amount to the Defendant in this case.

(3) The following shall be regarded as relevant:

Since there is no dispute between the parties that the plaintiff lent the above money to the defendant, the defendant is obligated to pay it to the plaintiff, unless there is a special reason.

Since the defendant asserts that all of the payments were made by the defendant, according to the evidence No. 4, it can be acknowledged that the defendant remitted 70,044,000 won exceeding the amount of money to the plaintiff on March 10, 2014, and it is reasonable to view that the defendant's above claim for payment was made as the third repayment. Thus, the defendant's ground for appeal for payment is justified.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

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