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(영문) 인천지방법원 2020.07.08 2019가단32230
대여금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

According to Gap evidence No. 1, the fact that the plaintiff remitted 40 million won to the account in the name of defendant C on October 16, 2018 is recognized.

The plaintiff asserts that since the above KRW 40 million is a loan to the defendants, the defendants jointly and severally should pay to the plaintiff the amount of KRW 40 million and damages for delay from the day following the delivery date of a copy of the complaint of this case to the day of full payment.

Accordingly, even if the above money was a loan, the Defendants asserted that the above money was fully repaid. Thus, according to the evidence No. A No. 1, Defendant B had returned the above KRW 40 million to the Plaintiff immediately on February 18, 2020 upon receipt of the duplicate of the complaint of this case. Thus, the Defendant’s defense is with merit.

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

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