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(영문) 의정부지방법원고양지원 2014.10.29 2014가단23679
대여금
Text

1. The request is dismissed.

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

Reasons

1. The Plaintiff asserts that at the Defendant’s request, the Defendant lent KRW 26 million to the Defendant by remitting KRW 19 million to the Defendant’s account and KRW 45 million to the Defendant’s account.

However, the defendant denies that the borrower is not the defendant but D Co., Ltd.

2. In light of the fact that the money remitted by the Plaintiff was used to repay the obligation to pay the construction cost of the corporation in progress and that part of the money was remitted to C other than the Defendant, the evidence submitted by the Plaintiff alone is insufficient to readily conclude that the borrower of the money was the Defendant, and the Plaintiff’s claim cannot be accepted as there is no other evidence to acknowledge it.

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