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(영문) 수원지방법원 2019.02.14 2018가단513630
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On October 11, 2012, the Plaintiff asserted that the Plaintiff lent KRW 50,000,000 to the Defendant. As such, the Defendant is obligated to pay the Plaintiff the above KRW 50,000,000 and the interest and delay damages, such as the written claim, to the Plaintiff.

2. Determination

A. According to the statements in Gap evidence Nos. 1 through 3, the plaintiff deposited KRW 50,00,00 with the defendant's account on October 11, 2012; the defendant lent KRW 50,000 to the defendant's account; the defendant loaned KRW 50,00,000 to the defendant's account on June 1, 201, the defendant loaned KRW 19055 to the Seoul Western District Court 2013Gadan19055 case (hereinafter "relevant case") brought by the plaintiff against the non-party C, the appellate court of the case No. 2014Na1076 (hereinafter "relevant appellate court of the case"), which is the appellate court of the case of the plaintiff's claim for restitution of unjust enrichment against the non-party C (hereinafter "relevant case"), stated as the reasons for "the defendant's 50,000,000 remitted money from the plaintiff's business in order to carry out his investment obligations."

“The facts indicated in the contents are recognized. However, in light of the following facts and circumstances, it is insufficient to acknowledge that the Plaintiff entered into a monetary loan agreement with the Defendant and lent KRW 50,000,000 to the Defendant solely based on the respective descriptions of the evidence Nos. 1 through 9 of this case. (1) There is no objective evidence to acknowledge that the Plaintiff entered into a monetary loan agreement with the Defendant, such as a preferential loan certificate, and there is no other evidence to prove that the Plaintiff entered into a monetary loan agreement with the Defendant. (2) The first instance court of the relevant case instituted against C prior to the instant lawsuit, “the Plaintiff and the Defendant, and C bear KRW 50,00,000,00, including lease deposit and Si facilities, and the Defendant and C jointly operate a game room.

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