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(영문) 광주지방법원 2016.11.30 2016가단24371
양수금
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. The Plaintiff’s assertion C lent KRW 13,00,000,000 to the Defendant on January 31, 2007, and KRW 10,000,00 on June 28, 2007. The Plaintiff acquired the Plaintiff’s claim against the Defendant on May 20, 2015, and thus, the Plaintiff is obligated to pay the amount of the above transfer to the Defendant.

B. According to the evidence No. 1, although it is acknowledged that C remitted each of the above money to the account under the name of the defendant, even if there is no dispute between the parties as to the fact that it is possible to pay the money, the ground that the Plaintiff received it is a loan for consumption, and the defendant is liable to prove that it was received due to the loan for consumption if it is asserted that it was received due to the loan for consumption.

Therefore, there is no evidence to acknowledge that the said money was received as a loan for consumption (see, e.g., Supreme Court Decision 72Da221, Dec. 12, 1972).

Therefore, the plaintiff's assertion is without merit without further review as to the remaining points.

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

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