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(영문) 서울남부지방법원 2018.01.30 2017가단7051
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

As a cause of the Plaintiff’s claim, from Brazil around April 2015, the Plaintiff lent KRW 30,000,000 to the Defendant three times, and the Defendant lent the Plaintiff’s Nong Card from the Plaintiff to the same year from March 1, 2015.

4. The defendant asserts to the effect that the defendant is obligated to pay the loan 36,381,457 won and delay damages to the plaintiff, since it was used until 24.2 and the card price of 6,381,457 won was not paid.

In regard to this, the Defendant asserts that the Plaintiff and the Plaintiff’s birth from August 29, 2014 to June 5, 2015 borrowed KRW 75,870,000 in total to the Defendant, and that between April 1, 2015 to June 23, 2015 only repaid KRW 30,000 out of the above borrowed money in the manner of remitting it to the bank account of C (Defendant’s wife), and that the Defendant did not use the Nong Card from the Plaintiff.

First of all, between April 1, 2015 and April 23, 2015, the fact that the Defendant received 30,000,000 won from the bank account of C (the Defendant’s wife system) is not a dispute between the parties.

Considering that the above KRW 30,00,000 has been lent to the Defendant by the Plaintiff in light of the purpose of the health account and the entire pleadings, it is not sufficient to recognize the above KRW 30,000,000 only by the descriptions of the evidence Nos. 1 and 3-1 and 2, and there is no other evidence to prove that the Plaintiff lent KRW 30,000 to the Defendant.

Next, from March 1, 2015 to March 1, 2015, the Defendant lent the Plaintiff’s agricultural card from the Plaintiff.

4. As to whether the card price of KRW 6,381,457 was used for the period of up to 24.2, and whether the card price of KRW 6,381,457 was not repaid, it is not sufficient to acknowledge this only with the statement of evidence No. 2, and there is no other evidence to acknowledge

Thus, the plaintiff's claim is dismissed as there is no ground.

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