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(영문) 서울남부지방법원 2015.06.04 2014가단35758
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On August 24, 2004, the Plaintiff leased KRW 30 million to the Defendant by account transfer via the passbook in the name of the Defendant as the cause of the instant claim. As such, the Defendant sought the return of the said loan to the Plaintiff.

On the other hand, the fact that 30 million won was remitted from the Agricultural Cooperative Account (C) in the name of the plaintiff to the Agricultural Cooperative Account (D) in the name of the defendant on August 24, 2004 is not a dispute between the parties.

The plaintiff asserts that the above money was a loan, and the defendant jointly purchased shares in the "G" from the plaintiff E with the plaintiff, but agreed to receive 34,500,000 won from the plaintiff with the settlement money in the name of the defendant's sole name, and then received 30,000,000 won from the plaintiff on July 20, 2004, and 30,050,000 won from August 24, 2004.

In this case where the plaintiff requested the return of the loan, the plaintiff has the burden of proving that the loan agreement is a loan.

The written confirmation of the use of money in the name of the defendant submitted by the plaintiff (Evidence A1) is written in the form of printing the following, and the defendant's name is affixed a seal on the defendant's name next to the defendant's name; however, the defendant denies the authenticity of the above seal; the defendant denies the authenticity of the above seal; the defendant's testimony by the witness H and the appraisal by the appraiser I as the plaintiff's wife for the year of preparation of the appraiser I, and there is no other evidence to acknowledge it differently

[On the other hand, according to the evidence Nos. 2-3, 3, 2-1, 2-2, 4, and 6, the plaintiff transferred 35 million won to E on November 27, 2002, and the defendant transferred 29 million won to E on November 28, 2002, and the plaintiff prepared a sales contract with the purport to purchase 65 million won on December 30, 2003 from E on December 30, 2003, with the purport to purchase 65 million won on the land ownership and G land on January 9, 2004, and with respect to shares in F land ownership and G land on November 22, 202, 263/680,626.

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