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(영문) 수원지방법원성남지원 2015.10.14 2015가합454
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

A. The Plaintiff asserted that the Plaintiff borrowed KRW 200 million from the Defendant and the Defendant’s husband C to make an investment in D’s new construction business of detached houses, and transferred KRW 200 million to the Defendant’s account on August 21, 2013, and lent the said money to the Defendant’s husband and wife.

Therefore, the defendant is obliged to pay to the plaintiff 20 million won of the loan and damages for delay.

B. The defendant's assertion did not have borrowed 200 million won from the plaintiff.

Upon the Defendant’s husband’s recommendation, the Plaintiff decided to invest 200 million won in the new construction business of D’s own house, and transferred 200 million won to the Defendant’s account used by the said C, and C delivered 200 million won to D as it is.

2. According to the reasoning of the judgment, Gap evidence No. 1, the plaintiff can be acknowledged that he remitted 200 million won to the defendant's account on August 21, 2013, but the above fact of recognition alone is insufficient to recognize the fact that the plaintiff lent 200 million won to the defendant, and there is no other evidence to acknowledge it.

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

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