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(영문) 수원지방법원성남지원 2019.02.12 2018가단220542
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the parties’ assertion

A. The Plaintiff asserts that on January 28, 2013, the Plaintiff leased KRW 100 million to the Defendant with interest rate of KRW 24 million per annum (2 million per annum). The Defendant asserts that C, the spouse of the Plaintiff, only received the said money through the Defendant’s account due to investment issues, such as the bilateral wave processing business, etc. with the Plaintiff, and that the Defendant did not borrow it.

B. In the event of a transfer of money to another person’s deposit account, the transfer may be made based on various legal causes, such as a loan for consumption, a donation, and a repayment. Therefore, it cannot be readily concluded that there was a party’s intent to engage in a loan for consumption only on the sole basis of the fact that such transfer had been made. The burden of proving that the transfer was made with such intent is the cause of the loan for consumption.

However, the fact that the Plaintiff remitted KRW 100 million to the Defendant’s account on January 28, 2013 does not conflict between the parties. However, in light of the Defendant’s explanation and the Plaintiff’s statement No. 1, it is difficult to readily conclude that the above remittance and the evidence submitted by the Plaintiff were concluded between the Plaintiff and the Defendant on the basis of the fact that the money loan contract was concluded between the Plaintiff and the Defendant as alleged by the Plaintiff, and there is no evidence

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

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