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(영문) 서울동부지방법원 2017.02.15 2015가단32791
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion that on May 29, 2005, the plaintiff lent KRW 40,000 to the defendant, and thereafter, the defendant paid KRW 3,00,000 out of the above loan to the plaintiff on October 11, 2006, the defendant is obligated to pay KRW 37,000,000 to the plaintiff.

2. In full view of the overall purport of the pleadings in each of the statements in Gap evidence Nos. 1 and 2 (including the paper numbers), the plaintiff remitted KRW 40,000 to C on Aug. 29, 2005, and the defendant transferred KRW 3,000,000 to the plaintiff on Oct. 11, 2006. However, it is insufficient to recognize that the above recognized facts and the result of the order to submit financial transaction information to NHF banks by this court on Oct. 11, 2006 that the plaintiff lent KRW 40,00,000 to the defendant, and there is no other evidence to prove otherwise. Thus, the plaintiff's above assertion is without merit.

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

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