(영문) 부산지방법원 2017.11.29 2017가단4788

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(영문) 부산지방법원 2017.11.29 2017가단4788

대여금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserted that he lent KRW 100,000 to the defendant on December 27, 2007 by the agreement on December 27, 2007 and December 27, 2008 on December 27, 2008, and lent KRW 15,000,000 to the defendant on December 3, 2008.

The Defendant asserted that the Plaintiff invested KRW 100,000,000 to C (hereinafter referred to as “C”) with the investment proceeds in the e-learning project via the Defendant, and that it did not lend money to the Defendant.

2. Determination

A. According to Gap evidence No. 2 (Evidence No. 5) of the judgment on the borrowed amount of KRW 100,000,000, it is recognized that the plaintiff remitted KRW 100,000 to the defendant's account on December 27, 2007, but there is no evidence to prove that there was a fact of the agreement on interest or the maturity of payment.

The plaintiff seeking the return of the borrowed amount must prove that there was an agreement on a monetary loan for consumption, or it is insufficient to recognize that there was such an agreement solely on the above remittance, and there is no other evidence to prove it otherwise.

Rather, according to the purport of Eul evidence Nos. 10, Eul evidence Nos. 12, Eul evidence Nos. 14, Eul evidence Nos. 14, Eul evidence Nos. 16, and witness D's testimony, and the whole pleadings, the defendant was engaged in the business of introducing investors and receiving new investments from the head of the Guro-gu Center of the Dispute Resolution Co., Ltd. and remitting the remaining money to the existing investors with profits, etc., the defendant received 10 million won from the plaintiff to the Dispute Resolution Co., Ltd. and remitted the balance to the Dispute Resolution Co., Ltd., according to the facts that the plaintiff received 1,500,000 won from the Dispute Resolution Co., Ltd., and the plaintiff received 1,500,000 won from the Dispute Resolution Co., Ltd., Jan. 7, 2008, 2008, 1,500,000 won from the investment Co. 14, 2008.

The plaintiff's assertion is without merit.

B. The Plaintiff lent KRW 15,000,000 to the Defendant in determining the loan amount of KRW 15,000.

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