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(영문) 의정부지방법원 2018.11.28 2018가단138
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 is obligated to pay to the Plaintiff for delay damages of KRW 38.8 million with the loan principal up to November 2017, since the Plaintiff lent KRW 31.0 million with the loan acquisition fund of KRW 600,000,000,000 to the Defendant, who is the wife prior to the divorce around September 2016, as such, the Defendant is obligated to pay to the Plaintiff the loan principal of KRW 38.8 million and the loan principal of KRW 31 million.

In light of the witness C’s testimony, it is difficult to accept the argument that the Plaintiff lent money to the Defendant even if all other evidence presented by the Plaintiff were considered to have been paid to the Defendant via C, and even if the payment was made, whether the money was given to the Defendant through C, and whether the money was given to the Plaintiff, as alleged by the Plaintiff, is not clear. Each image of Nos. 1 and 2-1 of the evidence No. 1 of the Plaintiff submitted by the Plaintiff cannot be seen as having given written letters in any circumstance, and whether the text message was sent to the Plaintiff and the Defendant, and it is difficult to determine whether the text message was a final and conclusive expression of intent. Moreover, in the instant case where there was no disposition document, such as a documentary loan certificate stating how the Plaintiff given a certain amount of money to the Defendant, and how the text message was given.

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

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