(영문) 수원지방법원 안양지원 2018.12.14 2018가단3791

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 안양지원 2018.12.14 2018가단3791

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion and judgment that if the defendant lends KRW 40 million to the defendant, he/she provided that he/she shall pay the medical care amount to the plaintiff with the repayment of the medical care amount until May 28, 2008, he/she shall transfer the amount of KRW 10 million to the defendant's bank account on April 28, 2008, KRW 200 million on April 29, 2008, and KRW 40 million on May 19, 2008, respectively. The defendant asserts that he/she is obligated to pay the above KRW 40 million to the plaintiff and delay damages.

According to the evidence Nos. 1 and 2, it is recognized that the plaintiff remitted the sum of KRW 40 million to the defendant's bank account.

However, the following circumstances, which are acknowledged by comprehensively considering the purport of the entire pleadings in each statement in Eul evidence Nos. 1 through 4, namely, the defendant asserts that the plaintiff again remitted the money from the plaintiff to Eul, the leading party, and that there is no fact that he borrowed the money from the plaintiff. According to the financial transaction statement (Evidence No. 2), the defendant appears to have again remitted the money from the plaintiff to Eul, and there is no evidence to prove that the plaintiff would have trusted and deposited the defendant with the belief that the defendant would be responsible for all of the problems. However, there is no evidence to prove that the plaintiff filed a criminal complaint against the defendant around 2010. The plaintiff filed a criminal complaint against the defendant under the suspicion of fraud. In light of the above circumstances, since the defendant was an investor in Suwon District Prosecutors' Office on September 7, 2010, the defendant was only delivered the money received from the plaintiff to Eul, and there is no evidence to prove the criminal facts, the evidence submitted by the plaintiff alone alone is insufficient to conclude that the defendant borrowed the above 4 million won from the plaintiff.

The plaintiff's above assertion is without merit.

2. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

유사 판례

-대전지방법원 2018.09.06 2018나100081

-대전지방법원 2018.11.28 2018가단203675

-부산지방법원동부지원 2015.12.02 2015가단4834

-수원지방법원 2020.12.10 2020나70410

-대전지방법원서산지원 2020.12.01 2020가단2214