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(영문) 서울중앙지방법원 2016.10.25 2015가단130043
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff lent a total of KRW 31,385,000 to the Defendant’s account from June 26, 1999 to June 14, 200.

Therefore, the defendant is obligated to pay the above loan and damages for delay to the plaintiff.

B. The defendant's assertion did not have borrowed as alleged by the plaintiff, and the plaintiff's argument is without merit because it is against the final and conclusive judgment of the Seoul Eastern District Court 2010 Family Court 2522 (principal lawsuit) and 2010 Family Court 5934 (Counterclaim).

It is not so.

Even if the plaintiff's claim was extinguished, the statute of limitations has expired.

2. Determination

A. According to the judgment on the plaintiff's remittance (1) Gap evidence Nos. 1 and 2, it is recognized that the plaintiff remitted the plaintiff's remittance of KRW 17 million to the defendant's new bank account on June 26, 199, KRW 320,000,000 to the defendant's new bank account on December 14, 199, KRW 250,000,000 on December 22, 1999, KRW 2,515,000 on April 6, 200, and KRW 80,000 on June 14, 200, the fact that the plaintiff remitted the plaintiff's agricultural bank account on June 30, 199 to the defendant's agricultural bank account on June 30, 199.

On the other hand, the plaintiff alleged that he remitted KRW 2,340,00 to the defendant's new bank account on August 3, 200, but there is no evidence to acknowledge it.

(2) Money that the Plaintiff transferred to the Defendant’s account is KRW 29,045,00 in total.

B. Determination as to whether the Plaintiff lent KRW 29,045,00 to the Defendant (1) in light of the following circumstances, the evidence submitted by the Plaintiff alone is insufficient to recognize it, and there is no other evidence to acknowledge it.

(2) In full view of the purport of the entire pleadings, the following facts are recognized in each statement of evidence Nos. 1 to 4.

(A) On January 2010, the Plaintiff filed a claim against the Defendant for the payment of KRW 20 million and its delay damages against the Defendant in Seoul East Eastern District Court 2010 Ghana252, which was filed against the Defendant. The gist of the cause of the claim is as follows.

The plaintiff on January 19, 200 to the defendant on January 4, 2000.

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