(영문) 부산지방법원서부지원 2019.10.11 2019가단3552

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(영문) 부산지방법원서부지원 2019.10.11 2019가단3552

대여금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that he/she was the party and lent KRW 38.4 million to the Defendant on April 2, 2013, and thus, he/she was paid KRW 1.2 million among them, thus claiming the return of the remaining amount of KRW 37.2 million.

As to this, the defendant asserts that as the defendant's mother, the plaintiff requested the plaintiff to make an investment in the company bonds in order to receive higher personnel fees at the time when the defendant's improper owner works in the company, and the plaintiff only remitted money to the defendant's account and did not lend the above money to the defendant.

2. Determination

A. The Plaintiff’s assertion that there was no dispute between the parties as to the fact that there was a receipt of money but the lending was made is proved by the burden of proof against the Plaintiff who asserted that the lending was made.

(Supreme Court Decision 2014Da26187 Decided July 10, 2014). B.

The fact that the Plaintiff remitted the amount of KRW 38.4 million to the Defendant on April 2, 2013 is no dispute between the parties.

Furthermore, we examine whether the Plaintiff lent the above money to the Defendant.

According to Eul evidence No. 5, it is recognized that the defendant remitted a total of KRW 1.2 million to four times from December 2018 to January 2019.

However, as seen in the evidence Nos. 1 through 4, the Defendant transferred KRW 38,40,000 from the Plaintiff to the Plaintiff, i.e., the Defendant, who was the recipient of the remittance of KRW 38.4 million, and received KRW 10,000 from the network C on June 28, 2013 and immediately remitted the amount of KRW 38,40,000,000,000 to the Plaintiff out of the amount of KRW 38.440,000 from June 28, 2013, the mere fact that the Plaintiff remitted money to the Defendant and received KRW 1,20,000,000 from December 2, 2018 is insufficient to recognize the fact of lending the Plaintiff’s assertion.

There is no evidence to acknowledge the fact of lending the plaintiff's assertion.

3. The plaintiff's claim is dismissed as it is without merit. It is so ordered as per Disposition.

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