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(영문) 의정부지방법원고양지원 2017.04.05 2016가단4634
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 Plaintiff lent 190,000,000 won to the Defendant’s new bank account (C) more than four times as follows, but the Defendant did not repay the above loan to the Plaintiff up to now.

Therefore, the Defendant is obligated to pay the Plaintiff the above loan 190,000,000 won and damages for delay.

2. The defendant's assertion that he had a monetary transaction with the plaintiff by using the above new bank account in the name of the defendant, and the defendant did not have any monetary transaction with the plaintiff.

3. The plaintiff's assertion that he lent money to the party, even though there is no dispute as to the fact that the money was available between the parties, the defendant bears the burden of proof as to the loan.

(see, e.g., Supreme Court Decisions 72Da221, Dec. 12, 1972; 2014Da26187, Jul. 10, 2014). In light of the foregoing legal doctrine, it is insufficient to recognize that the Plaintiff gave a total of KRW 190,000 to the Defendant, solely on the evidence submitted by the Plaintiff, is insufficient to support that the Plaintiff gave a total of KRW 190,000 to the Defendant, and there is no other evidence to support this otherwise.

Rather, according to the overall purport of the statements and arguments of the evidence Nos. 1 through 7, Nos. 8 and 9, respectively, and 1 and 2, it can only be recognized that D used the above new bank account under the name of the defendant and made the above monetary transaction with the plaintiff.

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

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

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