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(영문) 수원지방법원 2018.12.13 2018나3493
차용금 반환
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The plaintiff's assertion

A. As the Plaintiff lent to the Defendant a total of 200,000 bills on October 18, 2013 and October 26, 2013, the Plaintiff is obligated to repay the said loans.

B. C lent a total of 200,000 bills to the Defendant on October 18, 2013 and October 26, 2013. Since C transferred the above loan claims to the Plaintiff, the Defendant is obligated to pay the said amount of the loan to the Plaintiff.

2. Determination

A. The judgment on the loan claim is insufficient to acknowledge that the Plaintiff lent 200,000 bills to the Defendant only with the evidence submitted by the Plaintiff, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion is without merit.

B. In the event of a transfer of money to another person’s deposit account to determine a claim for the transfer of money, the transfer may be made based on various legal causes, such as a loan for consumption, a donation, and a repayment. Therefore, it cannot be readily concluded that there was an agreement among the parties to a loan for consumption solely on the fact that such transfer had been made (see Supreme Court Decision 2012Da30861, Jul. 26, 2012). The burden of proving that such an agreement was made exists is the burden of proving that the transfer was made based on a loan for consumption.

According to the purport of Gap evidence Nos. 1 through 3 and the whole arguments, it is recognized that C has remitted each of the bills to the defendant on Oct. 18, 2013, Oct. 26, 2013, and Oct. 50, 2000.

However, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that C has lent the above remittance amount to the Defendant, and there is no other evidence to acknowledge it.

Rather, according to the statement in Eul evidence No. 3, on October 18, 2013, C prepared and sent to the defendant a written contract for opening a restaurant to D in the People's Republic of China at the time of injury to the defendant, and on October 18, 2013, "C" made the above written contract to the defendant by electronic mail until October 18, 2013, and 50,000 bills until October 22, 2013.

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