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(영문) 서울북부지방법원 2020.08.14 2019가단150372
대여금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The Plaintiff asserted that the Plaintiff is obligated to pay KRW 190,000,000 to the Defendant for the total amount of KRW 190,000 from April 4, 2014 to October 31, 2014. As such, the Defendant asserted that the Plaintiff is obligated to pay KRW 190,00,000 to the Plaintiff, but it is insufficient to recognize the Plaintiff only with the descriptions of the evidence Nos. 1 through 7 (including the number of branch numbers; hereinafter the same shall apply). Since there is no other evidence to acknowledge it, the Plaintiff’s claim of this case is without merit.

The Plaintiff asserts that the amount transferred from the financial account under the name of the Plaintiff and his spouse C and C to the financial account under the name of the Defendant’s spouse E is a loan. However, since certain amount is transferred to the financial account under the name of another person, the mere fact that such money was transferred cannot be deemed as a loan, and the following circumstances acknowledged by the overall purport of each entry and pleading in the evidence Nos. 2, 3, and 7 are as follows: ① from November 11, 2013 to August 29, 2015, the amount transferred from the financial account under the name of the Plaintiff and C and D to the financial account under the name of the Defendant’s spouse C and C were more than KRW 1964,00,000,000 and KRW 564,082,890, and ② from July 2014 when D and the Defendant engaged in the same business under the name of new Type D sales business, it cannot be viewed as a loan transfer to the Plaintiff’s KRW 10 to 700,00.

2. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.

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