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(영문) 수원지방법원 안산지원 2018.06.28 2017가단22384
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 summary of the Plaintiff’s assertion: (a) lent KRW 2,00,000 to the Defendant on September 10, 2012; (b) KRW 1,800,000 on November 2, 2012; and (c) KRW 1,60,000 on December 12, 2012; (b) KRW 3,700,00 on March 2, 2013; and (c) KRW 20,000 on August 22, 2016; and (d) KRW 20,000,000 on March 20, 2017; and (c) lent KRW 57,70,000 from September 20 to March 3, 2017.

Therefore, the defendant is liable to pay the above loans and damages for delay.

2. Determination

A. The Plaintiff’s assertion that the Defendant lent money to the parties even if there was no dispute as to the fact that the money was given and received between the parties, has the burden of proof as to the fact of lending to the Plaintiff.

(See Supreme Court Decisions 72Da221 Decided December 12, 1972; 2014Da26187 Decided July 10, 2014, etc. (see, e.g., Supreme Court Decisions 72Da26187, Dec. 12, 1972

In light of the above legal principles, according to the overall purport of each of the statements and arguments set forth in Gap evidence Nos. 1 through 4 (including paper numbers) and the whole purport of the pleadings, the plaintiff is deemed to have remitted the defendant a total of KRW 57,700,000 from September 10, 2012 to March 20, 2017, but the evidence submitted by the plaintiff alone is insufficient to acknowledge the fact that the plaintiff lent the above money to the defendant, and there is no other evidence to prove otherwise.

3. 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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