logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원서산지원 2020.12.22 2020가단683
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. According to the evidence evidence Nos. 1 and 2, on December 5, 2014, the Plaintiff’s account under the Plaintiff’s name C transferred KRW 50 million from the Plaintiff’s account to the account under the name of Jindo Gun Cooperatives, and KRW 14,460,082 on the same day transferred money to the account under the name of Jindo Gun Cooperatives. On February 3, 2020, the Plaintiff sent money to the Defendant as above to the Defendant on February 3, 2020, and the Defendant did not pay the money, and thus, the Plaintiff sent a document verifying the content that he/she notified the Defendant to repay it by February 15, 2020, and received it to the Defendant at that time.

2. The plaintiff asserts that the amount of KRW 64,460,082 stated in the above basic facts was a loan, and that the defendant only sold two power-driven vessels to E, but does not borrow money from the plaintiff.

In full view of the statements in the evidence Nos. 1, 2, 4, and 5 and the purport of the entire pleadings in the testimony of the witness E, the Defendant sold two power lines F and G to E, and the amount claimed by the Plaintiff can be recognized as having been received in connection with the sale and purchase of the above two vessels. In full view of the statements in the evidence Nos. 1, 2, 4, and 5, it is insufficient to recognize that the above KRW 64,460,082 of the Plaintiff’s assertion was a loan to the Defendant, and there is no other evidence to prove otherwise.

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

arrow