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(영문) 전주지방법원 2019.05.31 2018가단16043
대여금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

The plaintiff asserts that the money loaned under the name of the plaintiff during the school system of the plaintiff and the defendant and transferred to the defendant's account under the name of the defendant, since the plaintiff lent to the defendant, the defendant is obligated to pay it

The Plaintiff submitted data on financial transactions or a loan transaction contract in lieu of the Plaintiff, and when examining the statement in Gap evidence Nos. 1, 8, 9, 10, 11, and 12, the Plaintiff’s loan amount (2.00,000 won each) under the Plaintiff’s name was deposited into the Plaintiff’s account in the Plaintiff’s name and transferred to the Defendant’s name.

(However, the Plaintiff and the Defendant live in the same house for a long time and planned marriage. There are many cases where they share a mutual credit card or account on the grounds of communal living expenses, settlement convenience, etc. among those who were in such relationship.

Therefore, it cannot be readily concluded that the Defendant received money from the Plaintiff for a pure purpose merely because the money was transferred from the Plaintiff’s account to the Defendant’s account under the name of the Plaintiff.

In addition, even if the Defendant received personal money from the Plaintiff, it cannot be ruled out that in addition to the loan, the Plaintiff’s gift or money given to the Defendant or that the Plaintiff paid the money to the Defendant for any reason.

Therefore, it cannot be readily concluded that the Plaintiff lent money to the Defendant without any other objective evidence that the Plaintiff had lent money from the Plaintiff’s account in the name of the Defendant to the Defendant’s account, such as the loan certificate, without denying the fact that the Plaintiff had been in a relationship with the Defendant, such as the Plaintiff and the Defendant.

Therefore, the Plaintiff.

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