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(영문) 대전지방법원천안지원 2019.04.24 2018가단10339
대여금
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. The parties' assertion

A. Upon introduction of Plaintiff D, the Plaintiff became aware of the Defendant couple who promoted an urban environment improvement project in E (hereinafter “instant project”).

Around February 2014, the Defendants requested the Plaintiff to lend KRW 50 million to the Plaintiff with a contract for the removal work of KRW 2.38 billion for the instant project district. The Plaintiff leased KRW 50 million to the Defendants on February 18, 2014. The Defendants jointly and severally liable to pay KRW 50 million to the Plaintiff.

B. Defendant B requested D to lend KRW 50 million, and only Defendant C used Defendant C’s account by borrowing KRW 50 million from the Plaintiff.

Defendant B fully repaid to D KRW 50 million.

2. According to the evidence No. 1, it is recognized that the Plaintiff transferred KRW 50 million to the account under Defendant C’s name on February 18, 2014 (hereinafter “instant money”).

However, in light of the following circumstances acknowledged by the purport of Eul evidence No. 1 and the entire pleadings, i.e., D lent the instant money from the plaintiff to the defendant Eul, and it stated that it was repaid by the defendant Eul on March 31, 2016, and such statement of D conforms to the defendants' assertion, it is insufficient to recognize that the instant money was lent to the defendants, and there is no other evidence to acknowledge that it was lent by the plaintiff to the defendants. Thus, the plaintiff's assertion is without merit.

3. Conclusion, the Plaintiff’s claim against the Defendants is dismissed for lack of reasonable grounds.

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