logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.07.19 2016가단39892
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The fact that the Plaintiff used the Defendant’s agricultural cooperative account, the Defendant’s living together, and transferred KRW 30 million to the Defendant on April 2, 2015 is no dispute between the parties.

2. Assertion and determination

A. The plaintiff asserts that the above money is a loan, and the plaintiff claims the repayment of the money, and the defendant asserts that he did not have a duty to pay the above money to the defendant after the plaintiff won a lottery prize.

B. The burden of proving whether the act of monetary payment is a loan or a gift is a person who paid the money.

In this case, the plaintiff recognized the fact that 300 million won won won was won at the stone lottery around March 2015, the plaintiff won was actually received at around 500 million won, and the plaintiff had a new drinking value or living expenses, etc. from the defendant for a long time, and received the prize by finding the defendant as well as the defendant, and the above 30 million won was used as entertainment expenses, etc., which are not contrary to the plaintiff, and the 30 million won paid to the defendant is merely 1/100 of 300 million won, and in light of the plaintiff and the defendant's ordinary relationship, etc., the defendant's assertion of donation is deemed to have credibility.

On the contrary, the plaintiff is unable to prove that the above money is a loan.

Therefore, the Plaintiff’s loan argument cannot be accepted.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

arrow