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(영문) 전주지방법원정읍지원 2017.12.14 2017가단1118
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff asserts that “the Defendant lent KRW 35 million to the Defendant on November 13, 2014.” In full view of the purport of the entire pleadings, the Plaintiff’s transfer of KRW 35 million to the Defendant’s account in the name of the Defendant on the same day, is recognized.

However, in light of the following circumstances, which are acknowledged by comprehensively considering the overall purport of the arguments submitted by the Defendant, it is insufficient to recognize that the facts of recognition and the evidence submitted by the Plaintiff alone are loans of KRW 35 million that the Plaintiff remitted to the account under the name of the Defendant, and there is no other evidence to prove otherwise.

① The Plaintiff and the Defendant did not have any written form, including the loan certificate or letter, with respect to the said money, nor did the Defendant paid interest thereon to the Plaintiff.

② There is no objective evidence as to the fact that the Plaintiff demanded the Defendant to pay the said money for a period exceeding two years from the lending date of the Plaintiff’s assertion to the time of the instant lawsuit, and the Plaintiff again remitted money to the Defendant on February 2016, when the Defendant did not return the said money at all.

③ The Plaintiff and the Defendant had a relationship with the Defendant around 2014.

Therefore, the plaintiff's claim is dismissed as it is without merit.

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