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(영문) 광주지방법원순천지원 2015.09.24 2015가단5792
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that the Plaintiff lent KRW 30 million to E, who operated the instant headquarters D (hereinafter referred to as “instant headquarters”) in 1,00,000 to E, and the Defendant, along with the instant headquarters, assumed the Defendant’s obligation to borrow the said E’s loan.

In addition, the plaintiff lent 12 million won to the defendant and 2 million won to F, respectively, and the defendant decided to repay all of them.

Therefore, the defendant should pay the plaintiff the sum of KRW 44 million.

2. According to the evidence Nos. 1, 2, and 5, it is recognized that the Plaintiff loaned KRW 30 million to E, which operated the main points of this case on August 30, 2013, to the mother’s account; KRW 2 million from November 10, 2013 to the F’s account; and KRW 12 million from November 11, 2013 to the Defendant’s account.

However, even if the above facts, the remaining evidence submitted by the Plaintiff, and the facts confirmation submitted by the Plaintiff after the closure of pleadings, it is insufficient to recognize the fact that the Defendant acquired E’s obligation, and that the money transferred to F and the Defendant’s account is a loan to the Defendant, and there is no other sufficient evidence to acknowledge it.

3. Therefore, the claim of this case is dismissed as without merit.

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