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(영문) 광주지방법원 2020.08.11 2019가단15347
대여금
Text

1. Defendant C’s KRW 15,600,000 as well as 5% per annum from October 23, 2019 to August 11, 2020, respectively, to the Plaintiff.

Reasons

1. Claim against Defendant B and D

A. According to the evidence Nos. 1 and 3 of the basic facts, the Plaintiff’s transfer of KRW 6.5 million to Defendant B’s account under the name of Defendant B and KRW 10 million on September 5, 2016 is recognized.

B. Determination 1 as to the cause of claim 1) The plaintiff asserts that as in the above basic facts, the plaintiff transferred the money of KRW 6.5 million to the defendant B and the defendant D, and sought payment thereof. The above defendants asserted that the money transferred by the plaintiff to the plaintiff was the money invested in Eul through the defendant Eul and the defendant D through the plaintiff's judgment. 2) If the money was transferred to another person's deposit account, etc., the remittance can be made on the basis of various legal causes, such as loan for consumption, investment, donation, and repayment. Thus, it cannot be readily concluded that such remittance was made solely on the fact that there was such remittance, and even if there was no dispute as to the fact that the parties received money, it is not possible to conclude that the plaintiff had the intent of a party to a loan for consumption, and even if there was no dispute as to the fact that the defendant lent the money between the parties, the plaintiff bears the burden of proof as to the fact of the lending.

(See Supreme Court Decision 2017Da37324 Decided January 24, 2018 (see, e.g., Supreme Court Decision 2017Da37324, Jan. 24, 2018). Each of the following circumstances acknowledged by comprehensively taking into account the health class, Eul’s evidence 1 through 5, and Eul’s evidence 1 through 3 (including the serial number) as to the instant case’s purport of the entire pleadings, namely, (a) there is no instrument of disposition, such as a loan certificate, by which the Plaintiff knows the nature of the money remitted to the Plaintiff; (b) Defendant B remitted all the money remitted from the Plaintiff to G, an employee of the company called E; (c) the Plaintiff filed a complaint for fraud, etc. with the Defendant B and other investors; and (v) Defendant B also 80 million won invested and damaged the Plaintiff’s presentation.

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