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(영문) 서울북부지방법원 2018.06.12 2017가단20095
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On May 30, 2016, the Plaintiff asserted that the Defendant lent 50 million won to the Defendant and received a photograph of the resident registration certificate instead of the loan certificate. The Plaintiff sought the return of the loan.

2. Comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 1, 4, and Eul evidence Nos. 1 (including paper numbers), the Plaintiff deposited KRW 50 million with the Defendant’s account under the name of the Defendant on May 30, 2016, the Defendant paid the said money to C representative D on May 30, 2016 and received an investment agreement under the Defendant’s name, and the fact that the Plaintiff is in custody of the Defendant’s resident registration certificate.

However, in light of the relationship between the original defendant and the details of monetary transactions, the Plaintiff’s attitude after C dishonor, etc., it is insufficient to acknowledge the fact of the above recognition and the statement of the evidence No. 3 alone, and there is no other evidence to acknowledge it.

The plaintiff's assertion is without merit.

3. The plaintiff's claim for conclusion is dismissed on the ground that it is without merit.

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