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(영문) 수원지방법원안산지원 2020.12.23 2020가단65985
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. From January 28, 201 to January 30, 2013, the Plaintiff transferred KRW 59,500,000 via its corporate bank C’s account, and KRW 36,60,000,000, in total, over 16 times from August 26, 2011 to October 22, 2013, to the Defendant’s account.

[Reasons for Recognition] Unsatisfy, A4-1, 4-2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the Plaintiff transferred KRW 96,100,000 to the Defendant’s deposit account is a loan to the Defendant.

The defendant shall pay to the plaintiff KRW 96,100,000 and damages for delay.

B. In the case of remitting money to another person's deposit account, etc., the remittance can be made based on various legal causes. Therefore, the claimant has the burden of proving that the remittance is a loan under a monetary loan contract with the person who receives the money.

(See Supreme Court Decision 2014Da26187 Decided July 10, 2014, and Supreme Court Decision 2017Da37324 Decided January 24, 2018, etc.). The evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff’s transfer of KRW 96,100,000 to the Defendant’s deposit account is a loan, and there is no other evidence to acknowledge this otherwise.

The plaintiff's assertion based on this premise is not accepted.

3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.

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