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(영문) 창원지방법원 2015.09.11 2015가단3252
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserts that the defendant is obligated to pay the deposit amount of KRW 5 million on November 24, 2012, as well as lending KRW 50,995,00 in total to the defendant for all kinds of living expenses and business funds as shown in the attached Form, and that the defendant is obligated to pay the deposit amount.

In this regard, the defendant asserted that although there was a monetary help from the plaintiff, it was only donated or paid by the plaintiff himself/herself, and that there was no fact that the defendant borrowed.

2. According to the evidence evidence No. 1, it is recognized that the Plaintiff paid KRW 15 million to the Defendant on November 24, 2012, and the Defendant also recognized the fact that the Plaintiff received part of the money claimed by the Plaintiff, including the above money, but further, there is no direct evidence to acknowledge whether the Plaintiff lent money to the Defendant or not, and there is insufficient evidence to acknowledge the fact of lending even if considering the evidence submitted by the Plaintiff.

Therefore, the plaintiff's claim of this case seeking the return of loan is without merit.

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