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(영문) 대전지방법원홍성지원 2020.05.29 2019가단1220
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserts that he/she lent to the defendant KRW 60 million, including KRW 18 million on July 20, 2007, KRW 9 million on August 1, 2007, and KRW 20 million on August 1, 2007, and KRW 60 million on August 2007, and sought the return of KRW 32 million out of the above loan to the defendant.

According to the plaintiff's evidence No. 2, the plaintiff's head of the Tongmomo C transferred from July 20, 2007 to the defendant on July 20, 2007, and August 1, 2007, it is acknowledged that the defendant did not borrow money from the plaintiff's captain or employee to receive expenses related to the ship's work. Thus, there is no evidence to prove that the above transfer was based on the loan relationship between the plaintiff and the defendant.

In addition, even if the Plaintiff lent KRW 20 million to the Defendant around August 2007, it is not sufficient to recognize the Plaintiff’s transfer of KRW 20 million to the Defendant, only the statement of evidence No. 4 and the testimony of witness E, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion is without merit.

2. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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