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(영문) 부산지방법원서부지원 2019.05.24 2019가단430
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserts that, on December 15, 2017, the defendant's father C needs to pay interest rate of 24% per annum, and on January 14, 2018, 45 million won is loaned to the defendant at the request of the principal, and on the same day, he/she remitted the above money to the defendant's bank account on the same day. Thus, the defendant asserts that he/she bears the obligation to pay the loan amount of 45 million won and damages for delay pursuant to the agreement or statutes from January 15, 2018 to the date of full payment.

As to this, the defendant did not borrow KRW 45 million from the plaintiff, and the defendant's father C borrowed KRW 50 million from the plaintiff as of November 28, 2017 to pay to the defendant the amount of KRW 50 million from the plaintiff as of November 28, 2017 to the defendant and immediately transfer it to the defendant.

2. According to the statement in Gap evidence No. 1, even though the plaintiff was found to have remitted KRW 45 million to the defendant on December 15, 2017, it is insufficient to recognize that the plaintiff lent KRW 45 million to the defendant, and there is no other evidence to acknowledge this.

The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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