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(영문) 대전지방법원 2016.01.13 2015가단28583
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff lent KRW 80 million to the defendant on January 2010, and the defendant asserts that he did not pay KRW 48 million among them.

In full view of the following circumstances, it is reasonable to deem that the party who borrowed the above money from the Plaintiff as C, and there is no evidence to support that the Defendant borrowed KRW 80 million from the Plaintiff around January 2010, taking into account the following circumstances: (a) the loan amounting to KRW 80 million claimed by the Plaintiff was deposited into the account of the Defendant Company C operated by the Defendant; and (b) the endorser of a promissory note issued to secure the Plaintiff’s loan claims; and (c) the endorser of the promissory note issued to secure the Plaintiff’s loan claims.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

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