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(영문) 대구지방법원포항지원 2017.09.26 2016가단105044
대여금
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 as to the cause of claim has leased KRW 80,000,00 to the defendant several times as follows, and received a total of KRW 38,00,000 from the defendant. Thus, the defendant is obligated to pay the remainder of the loan amount of KRW 42,00,000 and delay damages to the plaintiff.

[Attachment details] ① The Plaintiff, on December 2, 2013, lent KRW 11,00,000 from C to the Defendant’s account under the Defendant’s name, and lent KRW 19,00,000 to the Defendant’s account in cash. ② The Plaintiff, on January 4, 2014, lent KRW 25,00,000 from C to the above D’s E account under the name of 15,00,000, KRW 10,000 from the end of February 7, 200 to the above D’s account; ② The Plaintiff, on February 9, 2014, transferred KRW 0 to the Plaintiff’s account under the Plaintiff’s name of 0, KRW 10,000 from 0 to 00, KRW 400, KRW 5,000 from 0 to 04; and ④ The Defendant, on February 9, 2014 to 305, 2007.

2. The plaintiff is a loan for consumption for which the plaintiff received money, and the defendant bears the burden of proving that it was received due to a loan for consumption for which the plaintiff asserts that it was received due to the loan for consumption.

(Supreme Court Decision 72Da221 Decided December 12, 1972). According to each of the statements in Gap evidence Nos. 3 through 6, the plaintiff remitted KRW 11,00,000 to the defendant's punishment D on December 2, 2013, and D received KRW 25,00,000 from E on January 4, 2014, the plaintiff remitted KRW 5,000,000 to D on February 9, 2014, and the plaintiff.

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