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(영문) 대전지방법원 2016.06.08 2015가단33653
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Upon C’s request, the Plaintiff asserted that the cause of the claim occurred and lent a total of KRW 23.5 million to the Defendant by depositing in the Defendant’s account from June 25, 2014 to July 16, 2014.

2. In full view of the following circumstances, which are acknowledged as comprehensively taking account of the statement No. 1 of judgment No. 1, the witness C’s testimony and the overall purport of the pleadings, namely, the following circumstances: (a) C is between the Defendant and the son on June 17, 2009; (b) C was engaged in financial transactions with the account in the name of the Defendant or son after divorce; (c) the Plaintiff deposited money borrowed from E into the Defendant’s account; (c) C was directly paid interest to E in the name of the Defendant or D; and (c) E was drafted with the principal debtor and the Plaintiff as joint and several sureties, it is reasonable to see that the person who borrowed money from the Plaintiff is not the Defendant but C.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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