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(영문) 인천지방법원 2020.08.12 2019나68056
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The assertion and judgment

A. The parties’ assertion that the Plaintiff lent KRW 17,00,000 to the Defendant on July 5, 2017, the Defendant is obligated to repay the above loan to the Plaintiff. Accordingly, the Defendant asserts that the above amount was deposited in the name of the Plaintiff when paying part of the amount borrowed from the Defendant, not from the Plaintiff, to the Defendant.

B. Determination 1) In the event of a transfer of money to another person’s deposit account, such transfer may be made based on various legal causes, such as loan for consumption, donation, and repayment, so it cannot be readily concluded solely on the fact that such transfer had been made (see, e.g., Supreme Court Decision 2012Da30861, Jul. 26, 2012). Even if there is no dispute as to the fact that there was a receipt of money between the parties, the Plaintiff’s assertion that the loan was made has the burden of proving that the loan was made (see, e.g., Supreme Court Decisions 72Da221, Dec. 12, 1972; 2014Da26187, Jul. 10, 2014; 2014Da3057, Jul. 10, 2017).

Therefore, the plaintiff's above assertion is without merit.

2. Conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit.

The judgment of the first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.

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