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(영문) 전주지방법원 2020.09.25 2020가단4142
대여금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

The plaintiff asserts that on July 27, 2012, the defendant lent KRW 150,000 to the defendant.

The fact that the plaintiff transferred 150,000,000 won to the defendant's bank account on the above date is no dispute between the parties.

However, when the defendant contests the plaintiff's assertion that there was no dispute between the parties as to the fact that the loan was made, the party bears the burden of proving that the loan was made to the plaintiff (see, e.g., Supreme Court Decisions 72Da221, Dec. 12, 1972; 2014Da26187, Jul. 10, 2014); and it is insufficient to recognize that the monetary loan contract was concluded between the plaintiff and the defendant as to the above money on a temporary basis, and there is no evidence to prove otherwise.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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