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(영문) 서울중앙지방법원 2018.06.26 2017가단5201449
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

The plaintiff asserts that the plaintiff is jointly and severally liable to pay to the plaintiff KRW 40 million and to pay damages for delay from the day following the delivery of the complaint to the plaintiff, since the plaintiff lent KRW 40 million to the defendants.

The Defendants: (a) Defendant B received KRW 40 million from the Plaintiff; and (b) Defendant C recognized the fact that the mother of Defendant B was the Defendant’s mother; and (c) comprehensively taking account of the overall purport of the pleadings in the written evidence Nos. 1 and 2, the Plaintiff paid KRW 10 million to Defendant B on April 21, 2017; and (b) transferred KRW 29 million to Defendant C’s bank account on April 24, 2017.

However, the above evidence and facts alone are insufficient to recognize that the Plaintiff lent KRW 40 million to the Defendants, and there is no other evidence supporting the Plaintiff’s loan assertion, and thus, it is difficult to accept the Plaintiff’s claim against the Defendants.

Accordingly, the Defendants asserted that the Plaintiff paid KRW 40 million to Defendant B for the main operating of the main office, and that it does not lend it to the Defendants.

The plaintiff's claim against the defendants is dismissed in entirety.

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