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(영문) 수원지방법원 2017.03.08 2015가단26166
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff asserts that the Defendant lent KRW 30 million in total to the Defendant on May 1, 2007, KRW 18 million, KRW 8 million on August 22, 2013, and KRW 4 million on August 27, 2013, and KRW 30 million on August 27, 2013. Accordingly, according to each of the evidence Nos. 1, 1, 2, 9, and 10, the Plaintiff deposited KRW 18 million on May 1, 2007, and KRW 8 million on August 22, 2013, the Plaintiff is deemed to have deposited the Defendant’s account under the name of the Defendant, but there is insufficient evidence to acknowledge that the Plaintiff lent KRW 30 million to the Defendant on each of the above facts of recognition and the evidence Nos. 3 through 8 (including each number, if any).

Then, the plaintiff asserted that the defendant husband C actually borrowed KRW 30 million from the plaintiff while operating D in the name of the defendant, and that the defendant, who granted the comprehensive power of attorney as to D's operation, is also obligated to repay the above borrowed money. However, it is not sufficient to recognize that the plaintiff lent KRW 30 million to C solely on the basis of each statement in the evidence Nos. 1 through 10, and there is no other evidence to prove otherwise.

Thus, the plaintiff's claim is dismissed as it is without merit.

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