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(영문) 청주지방법원 충주지원 2018.02.07 2017가단22578
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

1. The assertion and judgment

A. The Plaintiff’s alleged Defendants asked to lend KRW 60 million to the Plaintiff among March 2009, and the Plaintiff transferred KRW 30 million on March 20, 2009 to Defendant C’s account, KRW 25 million on March 25, 2009, and KRW 10 million on April 21, 2009 to Defendant B’s account.

B. Determination 1) Even if there is no dispute as to the fact that a party provided and received money between the parties, when the Defendant contests the Plaintiff’s assertion that the lending was made, the Plaintiff bears the burden of proving that the lending was made (see, e.g., Supreme Court Decisions 2013Da73179, Sept. 15, 2015; 2017Da37324, Jan. 24, 2018). 2) The evidence No. 3, and the purport of the entire pleadings in each of the evidence No. 1, No. 2018, Mar. 2009; 200,000 won with the Defendant’s account, and KRW 1,000,000,000,000 from March 25, 2009; 21, Apr. 21, 2009).

Meanwhile, the Defendants’ assertion that the Plaintiff donated a certain amount of money as above to the Defendants is also difficult to believe. However, in light of the legal principles as seen earlier, the Plaintiff’s assertion is insufficient to acknowledge that the Plaintiff lent the said money to the Defendants, and there is no other evidence to acknowledge otherwise, even if the Plaintiff added all evidence submitted by the Plaintiff, such as health class, Gap evidence Nos. 1 through 4, and witness D’s testimony.

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

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