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(영문) 서울남부지방법원 2018.12.06 2018가단9467
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion is against the Defendants from March 13, 2018 to the same year.

4. Since a total of KRW 33,495,00 has been lent up to December, 12, the Defendants are jointly and severally liable to pay the said money to the Plaintiff.

B. Determination 1) Even if there is no dispute as to the fact that the parties provided and received money between the parties, the Plaintiff’s assertion that the lending was made has the burden of proving that the lending was made (see, e.g., Supreme Court Decision 2017Da37324, Jan. 24, 2018). Since the Defendants were all denied the Plaintiff’s lending claim in this case, the Plaintiff’s burden of proving the lending claim is asserted against the Plaintiff. 2) According to the Plaintiff’s evidence No. 1, the Plaintiff’s account from March 13, 2018 to the Defendant’s account from March 13, 2018

4. It is recognized that a total of KRW 33,495,00 has been remitted up to 12.

However, in light of the following: (a) the Plaintiff’s assertion that he/she lent a considerable amount of money to the Defendants, but failed to clearly state the existence of a specific maturity or interest agreement and to submit a loan certificate corresponding thereto; and (b) the Plaintiff and Defendant B appears to have been in a partnership business relationship when based on the evidence submitted by the Plaintiff; and (c) the Plaintiff appears to have requested the Defendant D to confirm whether the goods were purchased or to send a transport note; and (d) it is difficult to conclude that the money transferred to the Defendants’ account is a loan, and there is no

Therefore, the Plaintiff’s claim against the Defendants on different premise is without merit to determine the remainder.

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

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