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(영문) 대전지방법원 2019.07.10 2018가단231106
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. Plaintiff’s assertion 1) The Plaintiff and the Defendant first developed as the Plaintiff’s Plaintiff’s introduction around August 2017. (2) The Defendant, around November 2017, was unable to demand the Plaintiff’s payment of friendship. The Plaintiff received a loan from C and lent KRW 30 million to the Defendant.

The defendant, at the time, was operating Skin's store, and the above amount of money was to be repaid if sold.

3) Around February 2018, the Defendant wanting to have only two spaces independently from his father, and the Defendant borrowed 5 million won deposit from the Plaintiff. The Defendant asserted that the Plaintiff and the Defendant actually lived in the above subparagraph E, but the Plaintiff did not have any sanct with the Defendant. The Defendant only visited the above subparagraph E several times on May 2018. (iv) around May 201, the Defendant borrowed 2 million won from his own monthly length and 5 million won, and borrowed 5 million won from the same month.

5) The Plaintiff, in a short period, lent to the Defendant the amount of KRW 42 million ( KRW 30 million + KRW 5 million + KRW 2 million + KRW 5 million + the Defendant neglected to receive money. The Plaintiff neglected to receive money. Inasmuch as the Plaintiff’s use was attributable to the Defendant, the Plaintiff subsequently demanded the Defendant to pay the said money. Although the Defendant demanded the Defendant to pay the money thereafter, the Defendant did not have any contact, and the Defendant did not pay the money. (b) The Plaintiff and the Defendant began to pay the money to the Defendant on or around August 2017, and developed from September 2017 of the same year to the next relationship.

2) At the time, the Defendant operated Kinn's store at the time, but the sales was low, and was difficult. The Plaintiff was able to pay back 30 million won to the Plaintiff, and the Plaintiff was able to pay at all the interest rate. Around November 2017, the Defendant received 30 million won from the Plaintiff and repaid the obligation. 3) Thereafter, the Plaintiff was able to prepare a new marriage with the Defendant, and on February 2, 2018.

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