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(영문) 의정부지방법원 2015.09.24 2015가단8124
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion was that the Plaintiff lent approximately KRW 100 million to the Defendant from September 10, 2013 to December 2, 2013, and the Defendant partially repaid the Plaintiff. As such, the Defendant is obligated to pay the remainder of KRW 48,350,90 to the Plaintiff and the delay damages therefrom.

B. According to the statement in Gap evidence No. 2, the plaintiff remitted part of the money to the defendant's account from September 10, 2013 to December 16, 2013, to the defendant's account. The defendant has been aware that the defendant remitted to the plaintiff's account the sum of KRW 58,350,000 from September 16, 2013 to February 16, 2015. However, it is difficult to recognize that the plaintiff did not receive any money from the defendant, considering the following facts and circumstances, which can be known in full view of the purport of the entire pleadings in the statement in evidence No. 2, No. 1, and No. 2, and No. 1, the defendant transferred the money to Eul or Eul operated by the defendant. In other words, the defendant transferred part of the money to the defendant if C transfers money to the defendant, and there is no reason to acknowledge that the plaintiff did not receive any money from the plaintiff and the defendant with no money borrowed from the defendant.

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

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