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(영문) 인천지방법원 2017.10.10 2016나62422
대여금
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. Determination as to the main claim

A. According to the evidence evidence No. 1, the Plaintiff transferred KRW 17,135,00 to the Defendant (hereinafter “the instant payment”) in total, including KRW 10 million on September 25, 2012, KRW 7,090,000, and KRW 45,00 on November 25, 2012.

B. The parties' assertion and judgment 1) The plaintiff alleged that the payment of this case was lent to the defendant, and the defendant alleged that the payment of this case was "C's obligation to the defendant (hereinafter "the loan of this case").

2) According to the following circumstances, it is reasonable to deem that the Plaintiff paid the instant amount as the repayment of the instant loan on behalf of C, and the remaining evidence submitted by the Plaintiff alone is insufficient to acknowledge the Plaintiff’s assertion, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s assertion is without merit. The Plaintiff’s assertion is without merit.

① around June 25, 2012, C borrowed KRW 12 million from the Defendant (on a practical basis, received transfer of KRW 1,1520,000,000,000 from the Defendant). The same year

7. Around November, 190, additional 5 million won was borrowed, and the total amount of 17 million won was the loan of this case.

② Around June 25, 2012, upon finding the Defendant around June 25, 2012, C asked to the effect that “A continues to recover an amount of time KRW 30,000,000 from time to time, so that C, who was well aware of the Defendant at the time, could have borrowed money from the Defendant as above, was due to the Plaintiff’s demand for a prior lending of money from C, which was the cause of the Plaintiff’s demand for a prior lending of money from C, and gave a warning to the Defendant, etc. upon the request of C.

③ The Plaintiff is the Defendant.

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