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(영문) 서울중앙지방법원 2015.03.18 2013가단130506
대여금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion asserts that the defendant borrowed KRW 50 million from the plaintiff's husband's business capital as the business capital around December 2, 2002, the plaintiff sought payment of the remaining money after deducting KRW 18 million which the co-defendant C, who was the co-defendant of this case, decided to pay in accordance with the compulsory adjustment order.

2. In full view of the statements in Gap's evidence Nos. 1, 2, and 3 and the purport of the entire argument in the defendant's examination, the plaintiff was close to the defendant and became aware of the defendant's husband D. D, D, upon investment recommendation from an employee in a securities company, decided to participate in the investment with the plaintiff's money. At that time, the plaintiff transferred 50 million won to Eul's account after investing this money in the third party's business, and Eul did losses. The plaintiff was prepared a letter of promise to pay 50 million won from C on Oct. 1, 2003 to the plaintiff's account, but it is difficult to view that the borrower was the defendant and D as above, and the plaintiff's money was used as D's investment money, as alleged by the plaintiff, and there is no other evidence to prove otherwise.

3. The plaintiff's claim is dismissed as it is without merit.

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