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(영문) 울산지방법원 2014.12.26 2014가단11900
대여금
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. On December 201, the Plaintiff started teaching system with the Defendant and completed teaching system while living together with the Defendant for about three months at the Defendant’s residence.

[Reasons for Recognition] Facts without dispute, the purport of the whole argument

2. The parties' assertion and judgment

A. As to the Plaintiff’s assertion of loans worth KRW 15 million (1) The Defendant requested the Plaintiff to pay the borrowed money from his/her workplace C around December 201 and deposit the money with C’s account.

(B) The Plaintiff transferred KRW 15 million to C’s account upon the Defendant’s request.

(C) As a result, the Plaintiff leased KRW 15 million to the Defendant, the Defendant is obligated to pay the loan principal and damages for delay to the Plaintiff.

(2) According to each of the evidence Nos. 1-1 and 2 evidence No. 1-2, the fact that the Plaintiff remitted the sum of KRW 15 million to Nonparty C’s account on December 14, 2011 and KRW 15 million on December 19, 201 is recognized.

However, it is not sufficient to accept the above money by examining whether the defendant transferred the above money to C for the repayment of the plaintiff's debt upon the request of the plaintiff, and there is no evidence to acknowledge it otherwise.

The plaintiff's above assertion is without merit.

B. (1) With respect to the Plaintiff’s major assertion on KRW 10,283,586, the Plaintiff’s assertion (A) lent KRW 10,283,586 to the Defendant by granting cash or remitting money to the Defendant’s account from December 2, 2011 to February 2012.

The defendant is obligated to pay the above principal of the loan and damages for delay to the plaintiff.

(B) Although the defendant asserted that he was paid money under the name of living expenses while living together with the plaintiff, he did not borrow money from the plaintiff.

(2) Each statement in Gap evidence 1-2 and 1-2, and financial information for national banks.

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