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(영문) 부산지방법원 2015.11.24 2015가단41448
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 2015, the Defendant married with C, who is his/her father and wife, but married by agreement around April 2015.

B. The plaintiff is about 30 million won on January 23, 2006 and about 10 million won on April 3, 2006 to the defendant.

F. The Defendant remitted to the Plaintiff KRW 5 million on Nov. 1, 2007, KRW 10 million on Oct. 7, 2008, KRW 65 million on Oct. 8, 2008, and KRW 5 million on Apr. 7, 2006.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2-1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Defendant loaned money to the Plaintiff in relation to the hospital operation. As such, the Defendant is obligated to pay the Plaintiff a loan of KRW 60 million and damages for delay.

B. The judgment is recognized that the Plaintiff paid KRW 60 million to the Defendant, but the following circumstances, i.e., Gap's evidence 3 and Eul's evidence 2, which are acknowledged to have comprehensively taken account of the overall purport of the pleadings, i.e., the said money was remitted to the Defendant during the marriage of the Defendant and the Plaintiff's father, and there was no agreement on the interest and the due date for payment, etc., and no agreement was made, and even though the agreement entered into by C and the Defendant on April 2, 2005 was relatively detailed, the Plaintiff did not mention the Plaintiff's loan, and the Plaintiff urged the Defendant to pay the loan only after May 2005, the Defendant was divorced with C, and there was no evidence to acknowledge that the Plaintiff lent the loan to the Defendant, and there is no other evidence to support this.

3. The plaintiff's claim is dismissed as it is without merit.

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