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(영문) 제주지방법원 2016.11.08 2015가단12672
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 between January 21, 2012 and September 11, 2014, the Plaintiff lent a total of KRW 26.6 million to the Defendant. As such, the Plaintiff claimed against the Defendant for payment of the above KRW 26.6 million and damages for delay.

2. According to the purport of each of the statements and arguments set forth in subparagraphs 1 through 3, the original and the Defendant was related to the Plaintiff from around 201 to around 2014; the Plaintiff was the Defendant’s account; the Plaintiff was the Defendant’s account; KRW 2.6 million on January 21, 2012; KRW 27,00,000 on February 25, 2012; KRW 2 million on June 25, 2012; KRW 3 million on September 10, 2012; KRW 1 million on September 21, 2012; KRW 7 million on October 23, 2012; and KRW 3 million on November 23, 2012; and KRW 2 million on March 1, 2013; and KRW 4 million on April 28, 2012, respectively.

Even if there is no dispute between the parties as to the fact that the money has been received, if one of the parties claims that it is a loan for consumption and the other party asserts that it has been received by the loan for consumption, it shall bear the burden of proving that it has been received by the other party.

In this case, if the money paid by the Plaintiff to the Defendant is a loan or a health care unit, and the above recognition is known to the Defendant according to the overall purport of Gap evidence Nos. 4 through 7 (including each number), and the following circumstances, namely, the original and the Defendant had a relationship with the principal and the Defendant for the above period; there was no agreement between the principal and the Defendant to prepare a loan certificate or to pay interest or payment period; the Plaintiff was a seafarer and the Defendant left the Plaintiff’s children during the Plaintiff’s boarding and leaving the ship; and the Plaintiff was exempted from paying KRW 7 million on one occasion, the Plaintiff transferred the money between KRW 8 million and KRW 3 million to the Defendant from time to time for about two years and eight months. In light of the amount, period, frequency, etc. of the money deposited at one time, the said money was donated from the annual income as a means of living expenses, etc.

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