(영문) 수원지방법원 2015.10.23 2014나49637

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자간(%)

(영문) 수원지방법원 2015.10.23 2014나49637

기타(금전)

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The plaintiff asserts that the plaintiff lent a total of KRW 21 million to the defendant, and the defendant asserts that the money that the plaintiff transferred to the defendant is not a loan as a business fund related to the carpet business operated by the defendant and the plaintiff's wife C.

B. According to the reasoning of the evidence Nos. 1 and 2, it can be acknowledged that the Plaintiff transferred the sum of KRW 21 million to the account in the name of the Defendant from December 23, 201 to January 10, 2012, and that the Defendant sent a text message to the Plaintiff’s wife C to the effect that “to send money.”

However, comprehensively considering the following circumstances: (a) during the period of remittance of the said money, there were a number of monetary transactions between C and the Defendant except for C and some of them were made through the account in the name of the Plaintiff; (b) the possibility that the said money was transferred to the Defendant with investments, etc. in the name of C for a business operation cannot be ruled out; (c) the Plaintiff did not assert any particular assertion or evidence as to the circumstances leading up to the transfer of the said money to the Defendant up to the closing of argument in the trial; and (c) the amount or name of the money that the Defendant would pay to C in the text message sent by C is not specified; and (d) the Defendant asserted that it was merely expressing his intent to transfer KRW 80,000,000,000 remaining as C out of the car page lease deposit. In light of the above facts, it is difficult to acknowledge that the Plaintiff lent the said money to the Defendant, and there is no other evidence to acknowledge this otherwise, and there is no reason for the Plaintiff’s claim for this case.

2. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is concluded.

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