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(영문) 창원지방법원밀양지원 2015.03.04 2014가단3018
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserts that he/she deposited KRW 6,00,000 on March 10, 2014, KRW 14,000 on the account under the name of the defendant, KRW 14,00,00 on March 19, 2014, KRW 7,000 on April 22, 2014, KRW 7,000,000 on April 222, 2014, and KRW 30,000,000 on July 7, 2014, and lent KRW 24,000,000 to the defendant and paid KRW 24,00,000 among them. The defendant asserts that he/she was liable to pay the above loans to the plaintiff and delay damages.

In this regard, the defendant did not borrow money from the plaintiff, and the plaintiff's account that he remitted money is only the head of the Tong who borrowed the passbook to use for the remittance of the sales proceeds of the capital reduction company by his father C who is bad credit holder and requested to lend it on October 7, 2003.

2. According to the evidence No. 1-4 evidence No. 6,00,000 won on March 10, 2014, and KRW 14,00,000 on March 19, 2014, and KRW 7,000 on April 22, 2014, and KRW 7,000 on April 222, 2014, and KRW 3,000,00 on July 7, 2014, are recognized.

However, the facts that the Defendant did not prepare the evidence No. 2 (Evidence) do not conflict between the parties, and it cannot be used as evidence to acknowledge the fact of borrowing, and there is no other evidence to prove that the money deposited by the Plaintiff to the account under the name of the Defendant is the money borrowed from the Plaintiff. Therefore, the Plaintiff’s assertion is without merit.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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