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(영문) 대구지방법원 경주지원 2018.08.28 2018가단10916
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion: (a) the Plaintiff lent KRW 100,00,000 to the Defendant’s births C; (b) on November 20, 2009, the Defendant promised to urge C to pay the said money to the Plaintiff on a prompt date when C was released from the prison; (c) however, even if more than four years have passed since C was released from the prison, the Plaintiff did not pay the said money; (d) therefore, the Plaintiff expressed that the said loan (the Plaintiff expressed the “rent” in the instant payment order, but, in light of the purport of the aforementioned assertion, the Plaintiff is claiming the Defendant to pay the agreed amount) KRW 100,00,000 and delay damages.

2. Comprehensively taking account of the respective descriptions of the evidence Nos. 1 and 2 as well as the overall purport of the pleadings, the Defendant is recognized as having committed an endeavor to the effect that C, upon the discharge of C, would make efforts to reimburse the Plaintiff KRW 100,000,000.

However, the above facts alone are insufficient to recognize that the defendant agreed to pay the plaintiff a debt of KRW 100,000,000 to the plaintiff directly, and there is no evidence to support the fact that the defendant expressed his intention to directly bear the above debt to the plaintiff.

3. As such, the plaintiff's claim cannot be accepted, and it is so decided as per Disposition.

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