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(영문) 부산지방법원 2017.06.15 2016가단51299
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the plaintiff's claim

A. On August 1, 2012, the Plaintiff: (a) the Defendant, upon introduction of C on August 1, 2012, lent KRW 200 million out of the down payment to acquire the building D in Busan, to repay the said amount on his face and 15 days after the date; (b) the Plaintiff lent KRW 200 million to the Defendant, but (c) the Defendant asserted that he did not repay the borrowed amount, and filed a claim for KRW 200 million and damages for delay with the Defendant.

B. Regarding whether the Defendant borrowed KRW 200 million from the Plaintiff, the health care unit, ① the evidence No. 2-1, and the evidence No. 2-2, which correspond to the Plaintiff’s assertion, are the content that C knows that the Defendant borrowed KRW 200 million from the Plaintiff. In light of the statement No. 5-1 and the witness C’s testimony, it cannot be trusted as it is. ② The evidence No. 3-1, No. 2, and No. 4, the evidence No. 5-1, No. 5-2, and No. 6, and No. 7-1, and No. 7-2 are insufficient to recognize the Plaintiff’s assertion, and there is no other evidence to acknowledge it.

③ Rather, according to the evidence evidence No. 1, in a criminal case in which E, etc. was accused of fraud, etc., the Plaintiff appears as witness in the investigation agency and the Plaintiff lent KRW 200 million to C, the fact that C must pay KRW 500 million to the Plaintiff for entering into a contract on E and D buildings, and that the Plaintiff lent KRW 200 million to the Plaintiff. The above statement is contrary to the Plaintiff’s claim.

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

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