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(영문) 수원지방법원성남지원 2015.05.20 2014가단28571
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion as to the cause of the claim was that the Defendant would invest in the missionary business, and the Defendant lent total of KRW 1,895,161,307 from 2002 to 2010 to the Defendant without setting interest or the due date, and received reimbursement from the Defendant in total of KRW 610,217,360.

The defendant is obligated to pay the remaining loan 1,284,943,947 won as part of the loan 1,284,943,947 and damages for delay.

2. The plaintiff's assertion that there was no dispute between the parties to the judgment as to the fact that the money was received, but the loan was lent, if the defendant contestss against the defendant, the party bears the burden of proving the loan.

(Supreme Court Decision 72Da221 Decided December 12, 1972, and 2014Da26187 Decided July 10, 2014). The evidence submitted by the Plaintiff (Evidence No.1 (Financial Transactions Details) and Evidence No. 26187) alone is insufficient to recognize that the Plaintiff lent the above money to the Defendant, and there is no other evidence to acknowledge otherwise.

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