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(영문) 인천지방법원 2017.11.09 2015가단50360
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff was a drug sales employee of C, and the Defendant was the head of the headquarters of D Hospital.

C Co., Ltd. supplied medicines to D Hospital.

B. From the Plaintiff’s account to the Defendant’s account, KRW 36 million was transferred from August 27, 2008, KRW 10 million on September 9, 2008, KRW 18 million on October 30, 2008, KRW 10 million on December 9, 2008, KRW 6 million on December 23, 2008, and KRW 87 million on December 31, 2008.

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

2. The plaintiff asserts that he lent the above KRW 87 million to the defendant, and the defendant asserts that the above money was not the money paid under the monetary loan contract between the plaintiff and the defendant, but the corporation C supported the hospital with respect to the supply of medicines.

3. The evidence Nos. 1, 2, and 3 alone are insufficient to acknowledge that the above KRW 87 million was a loan. The plaintiff's assertion is without merit, since there is no other evidence to acknowledge it.

Rather, according to the statement in Gap evidence No. 1, it can be acknowledged that C remitted a sum of KRW 36 million on August 27, 2008, KRW 10 million on October 1, 2008, KRW 26 million on October 1, 2008, KRW 3 million on December 4, 2008, KRW 87.6 million on December 22, 2008, and the plaintiff remitted a sum of KRW 87.6 million on December 22, 2008 to the defendant's account after and after the above period. In light of these circumstances, it is highly probable to view that the above KRW 87 million was paid in relation to the supply of drugs, as claimed by the defendant.

4. 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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