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(영문) 의정부지방법원고양지원 2016.05.26 2016가단3297
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff, on November 3, 2011, lent a total of KRW 260 million to the Defendant on two occasions on November 15, 2011, but the Defendant paid KRW 120 million, claiming that the Defendant is obligated to pay the remainder of KRW 140 million.

Therefore, as to whether the Plaintiff lent KRW 260 million to the Defendant, the evidence Nos. 1 and 2 alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it. Rather, in full view of the purport of the entire pleadings in the statement No. 1, the Plaintiff can only recognize the fact that the Plaintiff paid KRW 260 million to the Defendant, at the time, the Defendant paid the Defendant an agreed amount to waive the right of retention, which was exercised by the Defendant for multi-household C in Eunpyeong-gu Seoul.

The plaintiff's assertion on this part is without merit.

2. Next, the Plaintiff asserts that the Defendant is obligated to pay the above money because it agreed to return KRW 140 million to the Plaintiff, but there is no evidence to acknowledge that the Defendant agreed to return the said money, and the Defendant’s representative director D, who is not the Defendant, agreed to return KRW 140 million to the Plaintiff on June 16, 2015 according to the evidence No. 3, only can it be recognized that the Plaintiff agreed to return the said money to the Plaintiff on June 16, 2015.

The plaintiff's assertion on this part is without merit.

3. If so, the plaintiff's claim is dismissed as it is without merit.

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