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(영문) 서울북부지방법원 2016.07.12 2015가단29142
대여금반환
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, around May 2014, the Plaintiff lent to the Defendant a loan of KRW 30 million,000,000, deducting the interest of KRW 4.2 million from the interest of KRW 4.2 million, and sought the payment of KRW 25.8 million. The Defendant asserts that, by using his/her account in his/her name as the father, C was traded with the Plaintiff by using the account in his/her name.

According to the evidence No. 1, the plaintiff was found to have remitted KRW 25.8 million to the new bank account under the name of the defendant on May 28, 2014, but it is not sufficient to recognize that the plaintiff lent the above money to the defendant solely on the above facts of recognition, and there is no other evidence to acknowledge otherwise.

Rather, there is no loan certificate between the Plaintiff and the Defendant. However, according to the statement of No. 2, it is recognized that C borrowed KRW 30 million from the Plaintiff on May 27, 2014, and that it was delivered to the Plaintiff by preparing a loan certificate to repay it by October 15, 2014. According to the above fact of recognition, it is reasonable to deem that the Plaintiff lent the above money to C who is the father of the Defendant. Therefore, the Plaintiff’s above assertion is without merit.

2. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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