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(영문) 수원지방법원 평택지원 2021.02.10 2020가단4763
대여금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

On April 18, 2017, the Plaintiff asserted to the purport that the Defendant is responsible for paying the above money, on April 18, 2018, because the period of repayment was set as KRW 90 million to the Defendant on April 18, 2018. On the other hand, the Defendant asserted to the purport that the Plaintiff transferred the said money to the Defendant’s account in order to invest in the land development project of the Jinsung-si D, the father of the Defendant, and that the said money was not borrowed from the Plaintiff.

According to the evidence evidence No. 1, Gap, although the plaintiff was found to have remitted KRW 90 million to the defendant's account on April 18, 2017, if the plaintiff transfers money to another person's deposit account due to the transfer of money, etc., the payment can be made according to various legal causes, such as consumption, loan, donation, and change (see, e.g., Supreme Court Decision 2012Da30861, Jul. 26, 2012). Thus, it cannot be readily concluded that the remittance was a loan solely based on the remittance, and the party claiming the loan is still liable to bear the burden of proof of the fact of loan. In this case, there is no additional evidence that the remitted money is a loan to the defendant.

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

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