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(영문) 부산지방법원 2019.12.11 2019나48530
대여금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff asserts that the plaintiff lent KRW 111,700,000 to the defendant for the determination of the cause of the claim. Thus, the plaintiff's assertion that the plaintiff lent the money to the defendant even if there is no dispute as to the fact that the money was received between the parties, the defendant's assertion that the lending was made has the burden of proof against the plaintiff

(See Supreme Court Decision 2013Da73179 Decided September 15, 2015 (see, e.g., Supreme Court Decision 2013Da73179). According to the facts without dispute and the statements in Gap evidence Nos. 1, 7, and 11 (including paper numbers; hereinafter the same shall apply), the plaintiff deposited KRW 11,70,000 in total with the defendant's bank account 16 times from March 15, 2016 to March 22, 2017 (hereinafter referred to as "amount of remittance of this case") with children of non-party C, and the defendant continued to provide the plaintiff with a photograph of the "stock company D" (hereinafter referred to as the "stock company") whose representative director was C at the time of deposit of the amount of remittance of this case, ③ the remittance amount of this case was used as operating expenses for the company of this case, ④ the defendant continued to provide the plaintiff with the message No. 1, 2017.

However, according to the overall purport of the statements and arguments in the evidence Nos. 1 through 6, 15, and 16, the following facts and circumstances, i.e., (i) the amount of each remittance of this case from KRW 500,000 to KRW 10,000, not more than 100, not more than the amount of each remittance of this case, and (ii) there was no disposal document, such as a loan certificate, between the Plaintiff and the Defendant, ② the Defendant urged the Plaintiff to make transfers several times, and ③ evidence No. 16 on the grounds for the remittance of the amount of remittance of this case.

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