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(영문) 수원지방법원 안산지원 2018.01.17 2017가단56301
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Around October 15, 2014, the Plaintiff asserted that the Defendant lent KRW 175 million to the Defendant in cash by setting the due date of payment at 2% of December 15, 2014, and the interest rate at 2%. However, it is difficult to believe that the Plaintiff’s evidence No. 3 is stated in the evidence No. 2, and it is insufficient to recognize it solely with the statement of evidence No. 2, and there is no other evidence to acknowledge it.

[Judgment of the court below is justifiable in light of the following facts: (a) the plaintiff extended a casino chip to the defendant for gambling on October 15, 2014 from this court to the defendant on or around October 15, 2014 (the result of the plaintiff himself/herself examination). Even if the plaintiff, as recognized by the defendant, lent a total of KRW 7 million to the defendant on October 14, 2014 and October 15, 2014, a sum of KRW 7 million to the defendant for gambling, it cannot be claimed as illegal consideration under Article 746 of the Civil Act; and (b) the plaintiff cannot claim for return of illegal consideration under Article 746 of the Civil Act; (c) although the plaintiff was paid a page of KRW 8 million from the defendant for the repayment of the loan claim of KRW 8 million,000,000, which is recognized as being paid by the plaintiff, in light of the fact that the plaintiff could not submit evidence as to the above separate loan claim.

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

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