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(영문) 대전지방법원 홍성지원 2018.01.10 2017가단4874
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is the defendant's friendship.

B. On June 4, 2010, the Plaintiff transferred KRW 27 million to the Defendant’s bank account.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) on June 4, 2010, the Plaintiff paid KRW 27 million to the Defendant with the account transfer account transfer and check KRW 20 million and KRW 50 million in cash. 2) The Defendant asserted that the Defendant received KRW 27 million from the Plaintiff, but it is merely that the Defendant received KRW 38 million in total from the Plaintiff for a period exceeding 10 years. However, it is merely that the Defendant received KRW 23 million in total from the Plaintiff.

B. Determination 1) In light of the above legal principles, it is not sufficient to acknowledge that the Plaintiff paid KRW 20 million to the Defendant on June 4, 2010 by means of check and KRW 23 million in cash, and there is no other evidence to acknowledge this. Thus, the Plaintiff’s assertion on this part is without merit. 2) Even though there is no dispute as to the fact that the Plaintiff received money between the parties as to KRW 27 million in cash, the Plaintiff’s assertion on the ground that the receipt of money was received through a loan for consumption, and the Defendant asserts that it was received through a loan for consumption (see Supreme Court Decision 72Da221, Dec. 12, 1972). In light of the above legal principles, the Plaintiff’s assertion that the receipt of money was made through a loan for consumption and that it was received through a loan for consumption (see Supreme Court Decision 72Da221, Dec. 12, 1972; 200Da724, Nov. 1, 2007>

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