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(영문) 인천지방법원부천지원 2020.06.12 2019가단25990
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion is the defendant's outer money, and the defendant is his/her offspring C.

C borrowed KRW 50 million from the Plaintiff, and the Defendant assumed the Defendant’s debt amounting to KRW 50 million against the Plaintiff.

Therefore, the defendant is obligated to pay to the plaintiff KRW 50 million and delay damages.

2. According to the overall purport of each of the statements and arguments stated in Gap evidence Nos. 1 and 2, the defendant prepared a loan certificate to the plaintiff on April 8, 2014 (Evidence No. 1; hereinafter "the loan certificate of this case"), and the loan certificate stating "B shall pay 50,000 won to the plaintiff when he takes over a restaurant E in D," and the amount of interest shall be KRW 50,000,000 per month. The defendant remitted the amount of KRW 50,000 from July 2013 to June 2019 to the plaintiff.

However, the following circumstances, which are acknowledged by the overall purport of the statements and arguments in Eul evidence Nos. 2, 3, and 4, i.e., the plaintiff filed a lawsuit against Eul for the payment of loans (Seoul District Court Branch Branch Decision 2019Gahap10352), and the plaintiff withdrawn his claim on July 20, 201, while there is no means to prove the loan amounting to 50 million won. ② The plaintiff directly lent 50 million won to the defendant during October 2012 in the complaint of this case, but the defendant directly lent 50 million won to the defendant, and there is no consistency in the argument, such as changing the plaintiff's assertion that he assumed the debt amount of KRW 50 million. ③ The defendant argued that the plaintiff prepared the loan certificate of this case by mistake that C bears the debt amount of KRW 50 million to the plaintiff, ④ the loan certificate of this case does not specify the debt amount to the plaintiff, but rather it appears that C was made up on May 1, 201 through 300.

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