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(영문) 창원지방법원 2015.12.09 2014가합32991
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On November 2005, the Plaintiff loaned KRW 75,517,000,00 to the Defendant for the lending of money for singing room business by the Defendant’s request (i.e., the Plaintiff’s lending of KRW 45,50,000 to the Defendant (i.e., the Plaintiff’s lending of KRW 45,500,000 to the Plaintiff’s singing room’s payment of KRW 45,517,000 to the lessor of singing room for monthly rent from around that time to June 2007). As such, the Plaintiff claimed against the Defendant for the payment of KRW 120,517,00 and delay damages therefrom.

B. The defendant asserted that the funds for singing business between the plaintiff and the plaintiff are invested by the plaintiff, and the defendant agreed to distribute profits from the business and jointly run singing rooms, and it is not a loan from the plaintiff to the plaintiff, and thus, it cannot comply with the plaintiff's above claim.

2. Determination

A. The monetary loan contract is a scarcity and an infinite contract established when one of the parties agrees to transfer money to the other party, and the other party agrees to return money to the other party. Since the defendant denies the loan agreement, the burden of proving that the loan agreement was made exists is the plaintiff who asserts that the loan agreement was made.

B. According to the evidence evidence Nos. 1 to 3, the plaintiff was the lessee and the lease deposit No. 201 on Oct. 24, 2005 with the lessor No. 201 on Oct. 24, 2005, with the lease deposit No. 20 million won on Oct. 24, 2005, and with the lessor No. 1. 1.5 million won on a monthly rent. The lease contract was concluded with the Plaintiff’s account under the Plaintiff’s name; the cost for the installation of a singing book and a signboard was transferred on Nov. 2005 from the account in the Plaintiff’s name to the lessor’s account from around the time of the transfer to June 2007.

(b).

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