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Reasons
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(영문) 대구지방법원 2018.02.13 2017가단105095
대여금
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1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On May 10, 2016, Plaintiff A remitted KRW 30 million to the Defendant’s deposit account.

B. On July 5, 2016, Plaintiff B remitted KRW 20 million to the Defendant’s deposit account.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Defendant lent KRW 30 million to the Defendant, and the Plaintiff B lent KRW 20 million to the Defendant.

B. The defendant's assertion that he received money from the plaintiffs, but does not borrow money from the plaintiffs.

The Defendant appears to have asserted to the effect that the Plaintiff B used the Plaintiff’s account while borrowing money from the Defendant by transferring KRW 30 million to the Plaintiff’s deposit account upon the Plaintiff’s request on May 6, 2016.

After lending money to the Plaintiff on May 10, 2016, the Plaintiff received repayment of the loan from the Plaintiff’s account by receiving KRW 30 million.

D borrowed money from the Plaintiff B to the Defendant’s deposit account, and the Defendant only transferred the remitted money upon D’s request to E/F.

3. It is recognized that the Plaintiffs wired money to the Defendant’s deposit account as to whether the Plaintiff’s loan claim against the Defendant occurred.

However, even if there is no dispute over the fact that money has been received between the parties, the person who has paid the money is the loan, and the other party is liable to prove that the money is the loan if the other party contests the cause of the receipt of money.

In this case, in addition to the details of transfers claimed by the Plaintiffs as loans against the Defendant, the Plaintiffs and the Defendant have the following mutual remittance details, and D themselves have been present at this court as a witness and 20 million won for the Defendant’s deposit account of Plaintiff B on July 5, 2016.

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