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Reasons
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(영문) 인천지방법원 2019.05.01 2017가단229368
대여금반환
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the overall purport of the arguments in evidence A Nos. 1 through 4 from 2006, the fact that the Plaintiff, as the Plaintiff indicated in the following table, lent KRW 60,400,000 (hereinafter “each of the instant loans”) to the Defendant, who is the Plaintiff, as the Plaintiff, without due date, from January 19, 2006 to January 18, 2012.

The Plaintiff alleged that the loan amount of KRW 10,000,000 on January 19, 2006 2. 5,000,000 on March 8, 2006 3. 5,00,000,000 on April 14, 2006 4. 5,000,000 on May 4, 2006 5, 2006 6. 10,000,000 on July 27, 2006 6. 10,000,00 won on July 5, 2007 7, 200, as the loan amount of KRW 10,000,00 on September 19, 201, the Plaintiff did not claim that the loan amount of KRW 10,000,000 on September 19, 200, 108, 2005.

Meanwhile, the Plaintiff is a person who received reimbursement of KRW 75,480,000 in total from April 28, 2006 to December 15, 201, as indicated in the attached repayment sheet from the Defendant.

It is apparent that each of the above payments has been appropriated for each of the loans in this case, and it is clear that all of them have ceased to exist.

Therefore, each of the loans of this case against the plaintiff against the defendant is extinguished by repayment and does not exist.

B. The Plaintiff asserts that, in addition to the above 60,400,000 won, the sum of KRW 52,300,000 was loaned from January 27, 2005 to November 30, 2005 as indicated in the table below, but the evidence submitted by the Plaintiff alone is insufficient to acknowledge it, and there is no other evidence to prove it otherwise.

Therefore, this part of the loan claim is without merit.

1. The loan amount of KRW 52,300,000 on January 27, 2005, 200 on April 18, 2005, KRW 30,000 on June 7, 2005, KRW 4,000,000 on June 21, 2005, KRW 56,000 on July 16, 2005, KRW 52,30,000 on October 13, 2005, KRW 6,000 on October 6, 200, KRW 6,000 on November 30, 2005; and KRW 52,30,000 on November 30, 2005.

2. The plaintiff's claim for conclusion.

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