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(영문) 수원지방법원 성남지원 2018.11.06 2017가단18100
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 and judgment

A. On September 1, 2016, the Plaintiff asserted that the Plaintiff lent KRW 80,000,000 to the Defendant as of December 31, 2016. The Defendant is obligated to pay the above loan and delay damages to the Plaintiff.

B. According to the evidence No. 1, the fact that the Plaintiff paid KRW 80,000,000 to the Defendant on September 1, 2016 is recognized.

However, according to the statement in Eul evidence No. 1, the plaintiff entered into a contract with the defendant on August 31, 2016 for the construction of soil and heating facilities among the "A tourist hotel construction works" and agreed to pay 100,000,000 won, including labor cost of 20,000,000 won, to the defendant. It is reasonable to deem that the payment made on September 1, 2016 to the defendant as of September 1, 2016 paid the remainder of 80,000,000 won, excluding labor cost of 20,000,000 won.

Unlike this, the witness B’s testimony to the effect that the said money is a loan and the written confirmation under his name (Evidence A 2) cannot be trusted in light of the fact that B is the Plaintiff’s employee and the testimony to the effect that B denies the content of the contract that is clearly stated in the evidence No. 1, and there is no other evidence to acknowledge it.

2. 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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