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(영문) 인천지방법원부천지원 2017.08.24 2017가단105397
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties’ assertion asserts that the Plaintiff, via B, lent a total of KRW 52 million from December 2016 to January 2017 to the Defendant, and the Defendant did not borrow money from the Plaintiff and only did it allow B to use the Defendant’s account.

2. According to each of the statements in Gap evidence Nos. 1 through 8, it is recognized that the plaintiff remitted the sum of KRW 52 million to the defendant's account over 11 times from December 1, 2017 to January 23, 2017, and that the defendant is likely to be a partner B.

However, considering the Plaintiff’s assertion that “B” is the person who discussed on the loan and repayment of money with the Plaintiff, the fact of recognition alone is insufficient to recognize that the person who borrowed money from the Plaintiff as the Defendant, not B, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion that the borrower is the defendant is without merit.

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

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