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(영문) 대구지방법원 2016.09.21 2016가단17399
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that the Defendant lent KRW 15,00,000 to the Defendant for the expenses of directors in early 2008, and the Defendant agreed to pay this in two months after the payment.

In around 208 and 2009, the Plaintiff moved materials to the construction site for the construction of the Defendant’s friendly-family warehouse, and the Defendant agreed to pay KRW 5,000,000 to the Plaintiff at the above construction cost.

The Plaintiff registered and owned CAF car under the name of the Defendant (hereinafter “instant car”), and paid KRW 3,00,000 to the Defendant by threatening the Defendant to sell the said car without giving money in the process of finding the lost car.

Therefore, the Defendant is obligated to pay to the Plaintiff the above loans KRW 15,00,000, the agreed construction material cost of KRW 5,000,000, and damages for delay due to intimidation, totaling KRW 23,000,000, and damages for delay.

2. Determination:

A. The facts that the Defendant received KRW 15,000,000 from the Plaintiff in early 2008 patrolmen on the claim of KRW 15,000,000 are not disputed between the parties or may be acknowledged by the statement of evidence No. 1.

However, the above facts alone are insufficient to recognize that the defendant received the above money from the plaintiff as the defendant borrowed money from the plaintiff, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim on the above loan is without merit.

B. The Plaintiff’s claim for KRW 5,000,000 on the agreed construction material cost was transferred to the construction site in around 2008 and 2009, and there is no dispute between the parties, or there is no evidence to acknowledge that the Defendant agreed to pay KRW 5,00,000 as the above construction material cost to the Plaintiff.

Therefore, the plaintiff's above agreement.

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