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(영문) 서울동부지방법원 2018.05.04 2017가합2296
대여금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The parties' assertion

A. On June 29, 201, the Plaintiff (former Trade Name, Ltd.) lent KRW 220,000,000 to the Defendant via B via B.

The defendant paid the above loan to the plaintiff within 15 days from the date of lending, and has not been paid until now.

Therefore, the Defendant is obligated to pay the Plaintiff a loan of KRW 220,000,000 and damages for delay.

B. The Defendant delivered the deposit passbook and the seal to the Defendant upon request of the husband C, who was the former husband, who was the first bad credit holder, on January 201.

After that, around May 201, C delivered the above deposit passbook and seal to pro-friendly B, and B received money from the Plaintiff on June 29, 2011 and used the above passbook.

The defendant has neither entered into a monetary loan agreement with the plaintiff nor received a loan from the plaintiff.

2. Determination

A. According to the evidence Nos. 1 and 2, the Plaintiff’s transfer of KRW 220,000 to the Defendant’s national bank account (hereinafter “the instant money”) on June 29, 201 is recognized.

B. However, in light of the following facts and circumstances, it is difficult to view that the Plaintiff lent the instant money to the Defendant on June 29, 201, solely based on the above recognition, in light of the facts and circumstances acknowledged in the statement No. 1 of the evidence No. 1.

Therefore, the plaintiff's assertion is not accepted.

1) There was no document of disposition, such as a loan certificate, between the Plaintiff and the Defendant on the instant money. In addition, there was no document of collateral offering even though the instant money was higher than KRW 220,000,000, and there was no document of demanding the payment of the loan to the Defendant even after a considerable time has elapsed from the due date (15 days from the date of loan) alleged by the Plaintiff. (2) The Plaintiff stated that the Defendant transferred the instant money to the Defendant’s account upon the request of the Defendant for the payment of money from B at the first due date of pleading.

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