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(영문) 수원지방법원성남지원 2015.03.31 2013가합5387
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The fact that the plaintiff alleged by the party concerned remitted 300 million won to the deposit account in the defendant's name on March 19, 2004 is no dispute between the parties.

As the cause of the instant claim, the Plaintiff asserted that on March 19, 2004, the Plaintiff received the sales contract and deposit slip from the Defendant for the Seocho-gu Seoul High Ground 49, Seocho-gu Seoul High Ground 49 as collateral and leased 300 million won to the Defendant after the due date for payment of 30 million won, and claimed against the Defendant the above 300 million won and damages

As to this, the defendant asserts that the above 300 million won is that E received the purchase price of land from the plaintiff using the defendant's passbook and is irrelevant to the defendant.

2. In a case where money is remitted to another person’s deposit account, the remittance may be conducted based on a variety of legal causes. As such, the fact that the money that the Plaintiff remitted to the Defendant is a loan under a monetary loan contract must be proved by the Plaintiff. However, the evidence alone presented by the Plaintiff is insufficient to recognize that the said money is a loan to the Defendant, and there is no other evidence to acknowledge it.

Rather, in addition to the overall purport of the pleadings in Gap evidence 8, Eul evidence 1, Eul evidence 2-1, Eul evidence 2-3, Eul evidence 5-1, and Eul evidence 5-1, and witness Eul's testimony, the defendant's above assertion as to the details of the remittance of the above money is acceptable.

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

3. The plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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