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(영문) 인천지방법원 2017.09.06 2017가단8776
대여금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff asserts that the Plaintiff lent KRW 3,00,000 to the Defendant on October 26, 2010 and KRW 3,000,000, and KRW 6,90,000 on October 27, 2010, and KRW 3,000 on February 11, 201, and KRW 7,40,000 on March 10, 201, and KRW 7,50,000 on March 10, 201, and sought the return of the loan.

According to each statement of Gap evidence Nos. 1 through 4 (including paper numbers), the fact that the plaintiff transferred money to the defendant's account through the plaintiff and the plaintiff's account of Eul is recognized.

However, the defendant asserts that the plaintiff used the defendant's account while running a bond business with D (the plaintiff's husband was the plaintiff from December 31, 2010 to January 5, 2012). The plaintiff actually lent money to E and used the defendant's account. Even according to the plaintiff's argument, the money remitted on October 201 and February 201 to D or the defendant's request was sent to D or the defendant. It is difficult to deem that the defendant borrowed money in itself. The plaintiff filed a criminal complaint with the two persons by asserting that the plaintiff received the above remittance from D and the defendant as investment money, but both D and the defendant were subject to a disposition of suspicion, it is insufficient to recognize that the above remittance was made by the plaintiff to the defendant, and there is no evidence to recognize otherwise.

Therefore, the plaintiff's claim is without merit.

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