logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.05.12 2015나25478
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Judgment on the plaintiff's assertion

A. On January 6, 2009, the plaintiff primarily remitted and lent to the defendant KRW 25 million to the defendant on January 6, 2009, the defendant asserts that the defendant is obligated to pay the loan amount of KRW 25 million to the plaintiff and damages for delay. Preliminaryly, the defendant received the above KRW 25 million from the plaintiff, thereby gaining profits equivalent to the above KRW 25 million without any legal ground. Accordingly, the plaintiff suffered damages equivalent to the above amount. Thus, the defendant asserts that he is obligated to pay the plaintiff the loan amount of KRW 25 million and damages for delay.

B. First of all, according to the Plaintiff’s primary argument, the Plaintiff’s transfer of KRW 25 million to the Defendant on January 6, 2009 (hereinafter “instant payment”) is recognized, and further, as to whether the instant payment was paid as the Plaintiff’s lending to the Defendant, according to the Plaintiff’s evidence No. 3 (the record recorded by the Plaintiff on November 22, 2013), it is recognized that the Defendant told the Plaintiff to borrow money from the Plaintiff on November 22, 2013 in the course of dialogue with the Plaintiff, as stated in the evidence No. 3, No. 3 and No. 3, and No. 15, and the purport of the argument that the Plaintiff borrowed KRW 25 million from the Plaintiff’s husband on January 6, 2009 (hereinafter “instant payment”), the Defendant, in full view of the purport of the Plaintiff’s statement that was written in each of the evidence No. 3 and No. 3, No. 15, 2009, was established under the Plaintiff’s husband’s name, “D 12,” and 3,” as the Plaintiff’s.

arrow