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(영문) 창원지방법원 2019.08.22 2018나2039
차용금반환
Text

1. Revocation of the judgment of the first instance, and the plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff is the sum of the defendant's husband C (former name D) and the plaintiff and the defendant are between the plaintiff and the defendant, and the non-party E is the mother of the plaintiff and C, and the defendant is the child of the defendant.

B. On July 20, 2016, the Plaintiff transferred KRW 10,000,000 (hereinafter “instant money”) to the Defendant’s deposit account (FFFC H) in the name of the Plaintiff (FFC G).

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 3-4, the purport of the whole pleadings

2. The assertion and judgment

A. On July 20, 2016, the Plaintiff asserted that the Defendant is obligated to return the above loan to the Plaintiff, because the Plaintiff, on July 20, 2016, set the interest rate of 3% per month, and that the Defendant did not have any obligation to return the said loan to the Plaintiff. Accordingly, the Defendant asserted that the instant loan was actually made by E with the money of Sinman E, and that it did not

B. In light of the following circumstances, prior to the determination of the evidence and evidence Nos. 3, 3, 3, and 8 through 11 (including each number), each statement of evidence Nos. 1, 2, 3, and 6, and each statement of evidence Nos. 1, 2, 3, and 6, and the remainder of the above witness E are hard to believe that the Plaintiff’s assertion is consistent with the Plaintiff’s assertion, and the Plaintiff’s assertion is insufficient to recognize that the Plaintiff promptly lent the above money to the Defendant only on the ground of the transfer of the above KRW 10,00,000,000, and there is no other evidence to support the Plaintiff’s lending.

① There is no document, such as a certificate of borrowing set forth on interest, maturity, etc. in connection with a loan claimed by the Plaintiff, and there is no objective document, such as the message details to estimate the content of the agreement.

② The Defendant shall pay interest of KRW 30,000,000 borrowed from E in the past on October 30, 2012, starting from November 2012, and on November 30, 2012.

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