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(영문) 서울중앙지방법원 2015.07.16 2014가단5072060
대여금
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff asserted that, on November 1, 2013, the Defendants’ decedent F, the inheritee’s decedent, provided that the amount of KRW 90 million plus interest KRW 10 million at the end of June 2014, the Plaintiff paid KRW 100 million.

B. In light of the relationship between the deceased and the plaintiff or the details of the deposit account of the Defendants, the amount transferred to the deceased cannot be deemed as loans.

2. According to the evidence No. 2 and evidence No. 1 of the judgment, the fact that the Plaintiff transferred KRW 90 million to the account (number G) of the Seoul Gyeonggi-do Seoul FF on November 1, 2013 is recognized.

However, recognition of the foregoing evidence and evidence No. 3 as well as the purport of the entire statement and pleading by the deceased, and the transfer of KRW 39 million from the deceased’s above account to the Plaintiff on December 16, 2013, and in light of the deceased’s financial transaction details between the deceased and the Plaintiff, such as the attached list in the same bank account (number No. H), the facts acknowledged earlier are insufficient to acknowledge that the Plaintiff lent a considerable amount to the deceased, and the Plaintiff’s assertion is without merit, as there is no other evidence to prove otherwise.

3. According to the conclusion, the plaintiff's claim is not reasonable and so decided as per Disposition.

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