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(영문) 전주지방법원 2019.12.05 2019가단11939
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. On December 25, 2007, the Plaintiff asserted that on December 25, 2007, Defendant B lent KRW 35 million (one million in cash account transfer) to Defendant B, and Defendant C jointly and severally guaranteed Defendant B’s loan obligations.

According to the statement in Gap evidence No. 2, the plaintiff deposited a total of KRW 30 million into the bank account of defendant B on January 13, 2009, and the fact that defendant B deposited a total of KRW 10 million into the plaintiff's bank account on June 19, 2018 and KRW 1 million on July 30, 2018 is recognized.

However, the above facts and the statement in Gap evidence No. 1 alone are insufficient to recognize the fact that the plaintiff lent 5 million won in cash to defendant B on December 25, 2007, and that the plaintiff transferred 30 million won in cash to defendant B's bank account on January 13, 2009 is a loan to defendant B, and there is no other evidence to prove otherwise.

Therefore, we cannot accept the plaintiff's above argument.

2. The plaintiff's claim against the defendants is without merit, and all of them are dismissed. It is so decided as per Disposition.

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