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(영문) 부산지방법원 2018.06.07 2017가단23628
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. According to the evidence evidence No. 2, the Plaintiff’s transfer of KRW 150,00,000 to the bank account in the name of the Defendant on December 27, 2016 (hereinafter “the instant loan”).

2. Assertion and determination

A. As to the Defendant’s assertion that the Plaintiff is the borrower, the Defendant: (a) requested the Plaintiff to borrow money on the part of the Defendant to purchase the Plaintiff’s land D D in Busan-gu, Busan-gu; and (b) the Plaintiff lent KRW 150,00,00 to the Defendant for the purchase of real estate; (c) the Defendant is obligated to pay the Plaintiff the remainder of KRW 80,39,350 after deducting KRW 69,60,650 from the loan amount of this case’s apartment value, the ownership of which was transferred to the Plaintiff as payment in kind. (b) According to the Plaintiff’s statement on the evidence No. 1, it is recognized that the sales contract was made on December 27, 2016 by the purchaser of the land D in Busan-gu, Busan-gu, and F.

However, at the time of the instant case, the Plaintiff was C, and the Plaintiff did not talk with the Defendant during the remittance process (the Plaintiff’s statement at the first date for pleading). The Plaintiff did not know that there was no money transaction with C prior to the instant case, and the Defendant did not know, and the Plaintiff sent a text message to the Defendant that “C would pay the money upon release to oneself or would transfer his father G’s book with the intention to transfer the money.” (No. 3) the Plaintiff sent a text message to the Defendant that “C would claim the Defendant with no money without having paid the money.” (No. 7 evidence) the Plaintiff’s mother sent the Defendant a text message that he would have repaid the money to C’s wife and mother, and there is no evidence to deem that the Defendant participated in the purchase of the said D’s land (the Defendant did not have acquired ownership as to the said land).

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