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(영문) 의정부지방법원 2017.03.30 2016가단118080 (1)
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The plaintiff asserts that the plaintiff is obligated to pay the above loans and interest accrued from January 19, 2009 to the plaintiff since he lent the total amount of KRW 5,660,700 to the defendant on April 11, 2007 and April 12, 2007.

2. Determination

A. A. As to the claim against Defendant B, a loan for consumption is established when one of the parties agrees to transfer the ownership of money or other substitutes to the other party, and the other party agrees to return such ownership in the same kind, quality, and quantity (Article 598 of the Civil Act). It is natural that there exists an agreement between the parties as to the above point (see Supreme Court Decision 2010Da41263, 41270, Nov. 11, 201). In addition, in a case of transfer of money to another person’s deposit account, the remittance may be made based on various legal causes such as loan for consumption, donation, repayment, etc. Thus, it cannot be readily concluded that such transfer was made with the intent of the parties to the loan for consumption, and the Plaintiff bears the burden of proving that the transfer was made under the name of Defendant B’s account No. 601, No. 3607, Jun. 26, 2012; 2007Da30715, No. 607, No.

3. However, the above facts alone are insufficient to recognize that the Plaintiff agreed to lend KRW 5,660,700 between Defendant B, and there is no other evidence to acknowledge it.

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