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(영문) 대구지방법원 2017.04.11 2016가단39719
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that the Plaintiff lent KRW 5 million on May 29, 2012 and KRW 15 million in total thereafter.

In addition, on July 2012, the Plaintiff lent two credit cards (new and Samsung Card) under the Plaintiff’s name to the Defendant, and the Defendant received cash services or purchased goods using the said credit card.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 28,017,707, including the above loans of KRW 15 million and the above credit card amount of KRW 14,017,707, as well as delay damages.

2. The judgment below acknowledged the fact that the defendant received the above KRW 15 million from the plaintiff and received cash services or purchased goods from the defendant using the above credit card. However, in full view of the results and the purport of the new 4,017,707 of this court's new community credit cooperatives, the national card, and the Samsung Card, the plaintiff is the husband of the defendant, and the defendant is in the course of a divorce lawsuit, and the defendant is in the course of a divorce lawsuit with the above defendant. The defendant and C were remitted money from the plaintiff or lent credit card to the plaintiff, with no income from a certain occupation, and paid the defendant's mother D's expenses such as living expenses, the credit card in the name of C, and the defendant's mother D's medical expenses, which were administered with the closed cancer, around January 2015. In light of the above acknowledged facts, D can be acknowledged that the plaintiff returned KRW 5 million to the plaintiff through the defendant around January 2015. In light of the above acknowledged facts, the evidence submitted by the plaintiff can only be lent to the defendant to the defendant.

It is insufficient to view that the Defendant agreed to return the Plaintiff’s credit card price used by the Defendant to the Plaintiff, and there is no other evidence to acknowledge it.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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