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(영문) 서울서부지방법원 2021.01.28 2020나40409
대여금
Text

1. The plaintiff's appeal and the plaintiff's preliminary claim added at the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. On November 7, 2018, the Plaintiff remitted KRW 50 million to the Defendant’s account, and the Defendant remitted KRW 50 million to C’s account.

【Ground of recognition】 Evidence Nos. 1 and 2, Eul No. 4-3, the purport of the whole pleadings

2. Judgment as to the main claim

A. On November 7, 2018, the Plaintiff asserted that: (a) the Plaintiff paid interest of KRW 50 million to the Defendant on KRW 2.5 million; and (b) the due date of payment on January 31, 2019; and (c) the Plaintiff is obligated to pay interest and delayed damages to the Plaintiff.

B. In light of the following circumstances, the evidence Nos. 5, 7 through 9, and No. 6 and 10, the Plaintiff loaned KRW 50 million to the Defendant with the evidence submitted by the Plaintiff, including the evidence Nos. 3 through 6 and 10, when considering the following circumstances, which can be acknowledged by comprehensively taking into account the overall purport of the pleadings in the evidence Nos. 5, 7 through 9, and No. 6 and 10.

There is a lack of recognition and there is no evidence to prove otherwise.

Therefore, the plaintiff's above assertion is without merit.

The Plaintiff remitted money he sent to the Defendant to the Defendant under the recognition that the money he sent to the Defendant was invested in the Philippines’s projects.

On January 26, 2019, when examining the currency content of the Plaintiff and the Defendant, the Plaintiff filed a complaint with his family, and the Plaintiff also demanded the Defendant to respond more actively to C, and the Defendant did not pay money to the Defendant.

This is inconsistent with the plaintiff's assertion that he/she trusted the defendant who was aware of for a long time and lent it to the defendant.

On February 15, 2019, the Plaintiff lent KRW 50 million to C’s husband E through G Mata (the Defendant refers to the Defendant) on the last day of November, 2011.

1. The Kakao Stockholm message was sent to the end of the month.

Therefore, the plaintiff's defect that E knew of the borrowed amount and date of the account, etc., is the defendant on November 7, 2018.

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