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(영문) 의정부지방법원 2019.04.03 2018가단120391
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff’s KRW 15 million to the Defendant on December 2, 2016, and the same month.

9. The defendant asserts that he/she is obligated to pay the above KRW 5 million to the plaintiff as well as damages for delay since he/she lent a total of KRW 50 million to the plaintiff.

According to the evidence evidence Nos. 1 and 2, the Plaintiff’s bank account at the Plaintiff’s wife C to D’s bank account in a de facto marital relationship with the Defendant, which is KRW 15 million on December 2, 2016, and the same month.

9. Although it is recognized that a total of KRW 50 million was transferred, the Defendant asserted that the said money was transferred from the Plaintiff as a Dong business settlement deposit, and in this case where there was no disposition document to support the Plaintiff’s assertion, such as the loan certificate, etc., on the said money, there is no evidence to conclude that the Plaintiff lent the said money to the Defendant, and there is no other evidence to support it. Thus, the Plaintiff’s above assertion is rejected.

Therefore, the plaintiff's claim of this case is rejected as it is without merit, and it is so decided as per Disposition.

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