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(영문) 서울동부지방법원 2014.11.28 2014가단988
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Plaintiff’s assertion

As the cause of the instant claim, the Plaintiff received a request from Defendant B to borrow KRW 50 million under the pretext of operating funds of Defendant C Co., Ltd., the husband of Defendant C, and transferred KRW 50 million to Defendant B’s account on September 30, 2009, and KRW 50 million on November 23, 2009, including KRW 10 million on November 23, 2009, by borrowing KRW 50 million to the Defendants without setting interest and due date. The Plaintiff sought joint payment of KRW 50 million.

Judgment

According to the statement Gap 1, the plaintiff may recognize the fact that he remitted each of the amounts of KRW 40 million to the account under the name of the defendant Eul, and KRW 50 million to the sum of KRW 10 million on September 30, 2009, and KRW 20 million on November 23, 2009.

However, if the Plaintiff and the Defendants concluded a monetary loan contract as alleged by the Plaintiff, it is insufficient to acknowledge the fact that such contract was concluded only with the statement of Gap 2, and there is no other evidence to acknowledge it, the Plaintiff’s assertion cannot be accepted.

Thus, the plaintiff's claim against the defendants is dismissed as it is without merit.

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