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(영문) 청주지방법원 2016.10.28 2016가단1014
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 paid KRW 85,100,000 to the Defendant from January 20, 2015 to October 30, 2015 is not a dispute between the parties.

2. Determination as to the cause of action

A. The plaintiff's assertion asserts that the defendant is obligated to return it to the plaintiff, since he lent the money stated in the attached sheet to the defendant on the date stated in the attached sheet.

B. The plaintiff's payment of the above money to the defendant does not conflict with the plaintiff's knowledge and experience that the plaintiff decided to engage in a horse racing and that the defendant decided to engage in a horse racing with the plaintiff's money. Thus, the relationship between the plaintiff and the defendant seems to have been an association relationship with the plaintiff, and the period of custody of each cash custody certificate prepared by the defendant to the plaintiff does not coincide with the date and time the plaintiff paid the money to the defendant, the evidence Nos. 1 and 2 of the plaintiff as shown in the plaintiff's argument is insufficient to deem that the defendant borrowed the above money from the plaintiff, and there is no other evidence to acknowledge the plaintiff's assertion. Thus, the plaintiff's argument is

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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