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(영문) 수원지방법원안산지원 2016.10.18 2016가단11554
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion that the defendant's spouse C lent KRW 30,000,00 to the plaintiff, and the plaintiff lent KRW 40,000,000 to the defendant on August 6, 2014, the plaintiff asserts that the defendant is liable to pay the loan KRW 30,000,000 to the plaintiff and the delay damages.

In regard to this, the defendant's spouse C introduced D's new housing construction business to the plaintiff. However, the plaintiff decided to invest in the above business and transferred KRW 30,000,000 to the account under the defendant's name, and C merely delivered the above KRW 30,00,000 to D, and the defendant cannot respond to the plaintiff's claim.

2. According to the records in Gap evidence No. 4, the plaintiff could be found to have remitted 30,000,000 won to the account held in the defendant's name on August 6, 2014. However, only the descriptions in Gap evidence Nos. 1 through 3, 5, 6, and 8 are insufficient to recognize the plaintiff's assertion that the defendant borrowed the above 30,000,000 won from the plaintiff, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's claim is without merit.

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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