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(영문) 의정부지방법원고양지원 2017.08.24 2017가단356
대여금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The fact that the Plaintiff deposited KRW 31,650,000 (hereinafter referred to as “the instant money”) in the Defendant Nonghyup Bank account on October 21, 2016, and KRW 11,50,000 on October 28, 2016, and KRW 5,000,000 on November 8, 2016, and KRW 3,000,000 on November 21, 2016, and KRW 31,650,000 on the aggregate of KRW 2,150,000 on November 29, 2016, is not disputed between the parties, or is recognized by adding up the respective entries (including serial numbers, hereinafter the same shall apply) and all pleadings and arguments.

2. The plaintiff alleged that he lent the money of this case to the defendant, but there is no evidence to acknowledge it. Thus, the above assertion is without merit.

3. The Plaintiff claims the return of unjust enrichment (preliminary claim) shall claim against the Defendant for the return of the instant money and damages for delay that have been remitted without any legal ground.

However, the evidence presented by the Plaintiff alone is difficult to deem that the Defendant benefiting from the instant money, and there is no other evidence to acknowledge it.

Rather, considering the overall purport of the statements and arguments in the evidence Nos. 1 through 6, it is recognized only that the Defendant’s husband received the instant money from the Defendant’s account used at the time the Defendant’s husband C, and used the said money at the cost of the Plaintiff’s house repair work on the ground of the non-party No. 1 plot of land E.

This part of the claim is without merit.

4. The plaintiff's claim is all dismissed. It is so decided as per Disposition.

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