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(영문) 인천지방법원 2019.09.25 2018가단248199
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment as to the primary cause of claim

A. On May 24, 2016, the Plaintiff asserted that the Plaintiff lent KRW 30,000,000 to the Defendant upon the Defendant’s request by Defendant parent C, on condition that it would be repaid within six months.

Therefore, the Defendant is obligated to pay the Plaintiff a loan of KRW 30,000,000 and damages for delay.

B. The plaintiff's assertion that there was no dispute between the parties to the judgment as to the fact that the money was received, but the loan was lent, has the burden of proving that the loan was lent to the plaintiff.

(See Supreme Court Decision 2013Da73179 Decided September 15, 2015 (see, e.g., Supreme Court Decision 2013Da73179, May 24, 2016). On May 24, 2016, the Plaintiff’s Plaintiff’s deposit passbook was remitted KRW 30,00,000 to the Defendant’s deposit passbook, and there is no dispute between the parties, but as to the Plaintiff’s assertion that the Defendant lent the money to the Defendant, the Plaintiff must prove that the cause of receiving the money was based on the monetary loan contract between the Plaintiff and the Defendant. However, it is insufficient to acknowledge that the Plaintiff and the Defendant concluded a monetary loan contract for KRW 30,000 with respect to the money lending contract for KRW 30

The plaintiff's primary claim is without merit.

2. Judgment on the conjunctive cause of claim

A. If a monetary loan contract for consumption is not recognized for KRW 30,00,000, which the plaintiff alleged to have remitted to the defendant, the monetary loan contract between the plaintiff and the defendant becomes null and void due to a disagreement in declaration of intent, and thus, the defendant was paid without any legal ground, and thus, it shall be returned

B. Article 741 of the Civil Act provides, “A person who benefits from another person’s property or labor without any legal cause and thereby causes damage to another person shall return such benefit.”

one of the Parties shall own.

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