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(영문) 부산지방법원 2020.10.22 2020가단314799
대여금
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Defendant B is the Plaintiff’s husband, who is the Plaintiff’s husband, and Defendant C is the husband of Defendant B.

B. The Plaintiff, on September 27, 201, remitted each of the KRW 38 million to Defendant C, and KRW 19 million on September 30, 201, and remitted each of the KRW 30 million to Defendant E on September 29, 2011.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion was made by the plaintiff at the time of the plaintiff's claim, at the request of the defendants, who were the husband's or the form of a set-off.

Since the defendants are jointly and severally liable to pay to the plaintiff the amount of KRW 77 million out of the above loans and damages for delay.

B. Determination 1) Even if there is no dispute as to the fact that the Plaintiff provided and received money between the parties, when the Defendant contests the Plaintiff’s assertion that the lending was made, the Plaintiff bears the burden of proof as to the fact of lending (see, e.g., Supreme Court Decision 2017Da37324, Jan. 24, 2018). 2) The fact that the Plaintiff wired the said money to the Defendants, as seen earlier, was identical to the fact that the Plaintiff wired the said money to the Defendants, but there is no evidence to acknowledge the fact that the Plaintiff lent the said money to the Defendants. Therefore, the Plaintiff’s assertion is without merit.

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

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