(영문) 수원지방법원 안양지원 2018.01.25 2016가단110916

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Reasons

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자간(%)

(영문) 수원지방법원 안양지원 2018.01.25 2016가단110916

대여금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. From September 6, 201 to October 19, 201, the Plaintiff lent a total of KRW 40,000 to the Defendant four times, and the Plaintiff paid KRW 20,000,000 in total, including KRW 10,000,000 on October 13, 201, and KRW 14,14,000 on December 14, 201, and thus, the Defendant asserted to the effect that the Plaintiff should pay KRW 20,00,000 in unpaid balance to the Plaintiff. Therefore, the Plaintiff’s assertion is insufficient to acknowledge the Plaintiff’s assertion, and there is no other evidence to acknowledge it.

B. On May 26, 201, the Plaintiff demanded a substitute payment for the purchase price for the Plaintiff purchased by the Defendant, and transferred KRW 3,500,000 to Nonparty C’s account on May 26, 201, the Plaintiff asserted that the Defendant is obligated to pay KRW 3,50,000 to the Plaintiff. As such, the Plaintiff’s assertion is insufficient to acknowledge the above facts solely on the basis of each of the descriptions of lives, Gap’s 2, 5,00,000, and there is no other evidence to prove otherwise.

C. On September 2009, the Plaintiff promised to pay KRW 20,000,000 and KRW 10,000,000, which borrowed money after the completion of drilling when the Defendant lent the compact purchase fund. However, the Plaintiff borrowed KRW 20,00,000 on September 30, 2009, but did not pay KRW 10,00,000,000 for the purchase fund of the compact, but the Defendant did not pay KRW 10,00,00,00 for profits. Thus, the Defendant asserted that the Plaintiff is liable to pay KRW 10,00,000 to the Plaintiff. Thus, the Plaintiff’s assertion that the entries in the evidence No. 3 alone are insufficient to acknowledge it, and there is no other evidence to acknowledge it.

The plaintiff asserts to the effect that the defendant, upon his request, would allow the plaintiff to obtain a building permit on the land purchased by the defendant's introduction, by the defendant's request to the public officials of the military office who have well known, the plaintiff delivered ten copies of gift certificates equivalent to 100,000 won to the defendant, but the defendant arbitrarily consumeds them, so that he is liable

유사 판례

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