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(영문) 대전지방법원천안지원 2015.11.06 2015가합101330
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On February 5, 2015, the Plaintiff asserted that: (a) purchased the 636nd Roto Lottery Tickets 6nd Roto 6th Roto 6th 1st 2015; and (b) ordered the Defendant to pay half of the prize amount to the Plaintiff when the Roto 6nd 6th 6th Roto 6th 1st 1st 1st 2015.

However, the Defendant received 1,280,000 won of the first grade prize (1,832,362,219 won before the tax deduction) and paid 100,000,000 won to the Plaintiff. Accordingly, according to the above promise, the Defendant is obliged to pay the remainder of 540,000,000 won (i.e., 1,280,000 won ± 210,000,000 won) and damages for delay.

2. Although there is evidence that conforms to the Plaintiff’s assertion, evidence No. 3 contains the statement of C, and witness C’s testimony, C is not trustable as it is because it was a person living together with the Plaintiff and is in front of marriage.

In addition, considering the above evidence, the defendant can only recognize the fact that the defendant stated that he would divide the prize to the plaintiff before and after the purchase of the Roto Lottery Tickets, and therefore, it cannot be deemed that the above facts alone agreed to pay half of the prize to the plaintiff exceeding the expression of oral gift declaration.

In addition, the above evidence alone is insufficient to recognize the plaintiff's assertion, and there is no other evidence to acknowledge it, in that the plaintiff purchased lottery tickets upon the defendant's request or borne the value of lottery tickets, and the plaintiff's right to demand half of the prize money is not acknowledged immediately.

(3) In light of the above circumstances, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.

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