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(영문) 수원지방법원 2016.10.13 2016가단3023
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The summary of the party’s assertion was that the Plaintiff deposited KRW 100 million in total in the account of C from August 14 to September 4, 2014 upon the Defendant’s request and lent the above money to the Defendant. As such, the Defendant is obligated to return the said money.

Defendant 100 million won was leased by the Plaintiff to C, and the Defendant is not obligated to return the above money.

In light of the following circumstances, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Plaintiff lent a total of KRW 100 million to the Defendant, and there is no other evidence to acknowledge this otherwise.

The plaintiff's assertion cannot be accepted.

The plaintiff filed a criminal complaint against C in relation to the lending of KRW 100 million, and the defendant's representative D did not file a criminal complaint.

The Plaintiff and C made a statement at an investigative agency consistent with the purport that “the Plaintiff lent KRW 100 million to C.”

C was detained by the Cheongju District Court 2015Kadan1461, and was on the trial date, and acknowledged the loan of KRW 100 million from the Plaintiff.

(C) A witness C testified to the effect that he/she borrowed KRW 100 million from the Plaintiff in this Court.

C is not directly related to whether C borrowed KRW 100 million from the Plaintiff or not, such as the process of preparing a written rejection of the waiver of the construction work for the new construction of the Defendant church during the detention of C.

The plaintiff's claim is dismissed.

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