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(영문) 대전지방법원천안지원 2016.08.11 2015가단17650
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. The Plaintiff’s summary of the Plaintiff’s assertion was that the Defendant lent KRW 28,960,000 to the Defendant from October 9, 2014 to April 11, 2015, on the ground that the Defendant’s business expenses, university registration fees, etc. were necessary.

However, since the Defendant paid only KRW 5,300,000 among the above loans up to now, it is obligated to pay the remainder of the loans to the Plaintiff (=28,960,000 won - 5,300,000 won) and damages for delay.

B. The plaintiff's summary of the defendant's assertion does not lend money to the defendant, but is a donation made by the plaintiff who was in a relationship with the defendant under the name of the beauty shop operation expenses operated by the defendant to continue to establish a teaching system with the defendant, the defendant's kindergarten expenses, and other living

1. 10,00 won: 10,000 won 10,000,000 won 10,000,000 won 10,000,000 won 13,000,000 won 13,00,000 won 13,00,000 won 3.0,00 won 17, 20,000 won 13,40,000 won 13,40,00,00 won 4.0. 2,00,00 won 2,00,00 won 15,00,00 won 15,00 won 10,00 won 2,05,00 won 2,05,00 won 2,05,00 won 10,00 won 2,000 won 5,00 won 3,01,05

However, even if there is no dispute between the parties as to the fact that money was received, when the defendant contests the plaintiff's assertion that he lent it, the defendant bears the burden of proof as to the loan. Therefore, Supreme Court Decisions 72Da221 Decided December 12, 1972; 72Da221 Decided December 201, 2014.

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