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(영문) 인천지방법원부천지원 2017.04.06 2015가단114731
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The party's assertion and judgment

A. The parties’ assertion that the Plaintiff operated their businesses in the same office from 2012 to 2012, and the Defendant borrowed money several times from the Plaintiff as economic difficulties. Moreover, the Defendant directly borrowed money from the Plaintiff’s account by means of transferring money from the Plaintiff’s account to the Defendant’s account. From 2012 to 2014, the Defendant asserted that the sum of the money borrowed from the Plaintiff’s account was KRW 113,227,129, and sought payment of the said money.

In regard to this, the defendant, from 2011 to 201, claimed that since 2011, the defendant collected necessary living expenses on behalf of the plaintiff while doing business with the plaintiff, and the part of the amount transferred by the plaintiff to the defendant was transferred to the defendant to make up for the sales of the company that operated the business, the amount transferred from the plaintiff's account to the defendant account is not the amount borrowed by the defendant

B. According to each of the statements in Gap evidence Nos. 1 through 3, the fact that money has been transferred from the plaintiff's account to the defendant's account can be recognized.

However, it is difficult for the defendant who borrowed money from the plaintiff while running a business separate from the plaintiff to obtain the plaintiff's assertion that he borrowed money by directly transferring the money to the plaintiff's passbook and authorized certificate management, considering the following circumstances: ① the witness C applied for by the plaintiff, i.e., testimony that "the plaintiff and the defendant are in a partnership business relationship, and the defendant should deposit money to the head office if they move money from the plaintiff's account to the defendant's account," and ② the plaintiff transferred money to the defendant's salary.

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