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(영문) 서울북부지방법원 2017.08.23 2016가단135709
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The relationship between the plaintiff and the defendant began to move to the school from November 2013, and they began to move to the school from March 2014.

As the Defendant was pregnant on October 2015, the Plaintiff and the Defendant promised to marry on February 28, 2016.

However, the plaintiff and the defendant were married, and the defendant received a abortion operation on February 4, 2016.

【In the absence of dispute over the grounds for recognition, evidence Nos. 1 and 15, the Plaintiff’s assertion of the purport of the entire pleadings, and the Plaintiff’s assertion of this determination was lent 6,085,00 won to the Defendant 64 times from January 21, 2014 to March 4, 2016.

From March 29, 2014 to February 23, 2016, the Defendant repaid a total of KRW 33,463,50 to the Plaintiff by means of remitting KRW 21 times.

In addition, from August 27, 2014 to March 29, 2016, the Defendant repaid KRW 9,600,000 to 17 times.

Therefore, the defendant shall pay to the plaintiff 53,021,50 won [96,085,000 won-(33,463,500 won)] and damages for delay.

According to the evidence Nos. 1 through 6, the Plaintiff is deemed to have remitted the amount equivalent to the above claim amount to the Defendant’s account. However, if the Plaintiff and the Defendant recognized by the evidence Nos. 2, 4, 16 through 19, and 22 were to have comprehensively taken account of the relationship between the Plaintiff and the Defendant and the Defendant, it is insufficient to recognize the fact that the money transferred to the Defendant’s account is a loan, and there is no other evidence to acknowledge this otherwise.

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

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