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(영문) 부산지방법원 2018.12.06 2018나1824
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Determination as to the cause of claim

A. The fact that the Plaintiff remitted the total amount of KRW 29.7 million to the Defendant’s account on February 26, 2007, KRW 500,000,000 on March 7, 2007, and KRW 19.2 million on April 10, 2007 does not conflict between the parties.

B. The plaintiff asserts that the money that the plaintiff remitted to the defendant's name account is the money that the plaintiff lent to the defendant, and the defendant asserts that C used the defendant's passbook at the time borrowed money from the plaintiff and received the money from the plaintiff as the defendant's passbook.

C. 1) The Plaintiff’s assertion that a loan was made between the parties without any dispute as to the fact that the loan was made is proved to have the burden of proving that the loan was made to the Plaintiff (see, e.g., Supreme Court Decisions 72Da221, Dec. 12, 1972; 2017Da37324, Jan. 24, 2018); 2) the following circumstances, which can be known by adding the entire arguments to the statement in the evidence Nos. 1 and 2, namely, (1) the Plaintiff was requested by the Defendant who operated the skin management office to lend 10 million won and 30 million won after deducting the interest rate of 2 million won from the loan interest rate of 1.6 million won, and (2) the Defendant asserted that the loan was made to the Plaintiff on the one-way basis of 3 million won and 1.6 million won after the loan was made to the Plaintiff.

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