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(영문) 서울서부지방법원 2016.08.10 2015가단248413
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff's assertion and judgment party's assertion that the defendant should pay the amount of KRW 70,00,000 in this case because the plaintiff is a loan, the defendant asserts that since the plaintiff donated the amount of KRW 70,000,000 to the defendant, the defendant did not have a duty to pay it to the plaintiff.

Judgment

Around October 2010, the fact that the Defendant lent KRW 30,000,00 to the Plaintiff, and the fact that the Plaintiff remitted KRW 100,000 to the Defendant on July 11, 2011, the fact that the Plaintiff remitted the KRW 100,000 to the Defendant does not dispute between the parties or that it may be recognized by the statement

Furthermore, on July 11, 201, the evidence submitted by the Plaintiff alone as to whether the remaining KRW 70,000,000, excluding KRW 30,000,000 that the Defendant lent to the Defendant before the Plaintiff was a loan out of KRW 100,000,000, which was remitted by the Plaintiff, is insufficient to admit the Plaintiff’s assertion that the loan is a loan, and there is no other evidence to prove that the above KRW 70,00,000 is a loan.

Therefore, the Plaintiff’s assertion that the instant KRW 70,000,000 is a loan is not accepted.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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