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(영문) 수원지방법원 2020.09.09 2019가단22872
대여금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Judgment on the plaintiff's claim

A. The gist of the parties’ assertion (1) Plaintiff (A): The Plaintiff lent KRW 52,501,100 to the Defendant, the sum of KRW 569,490 on July 19, 2018, KRW 2018, and KRW 51,931, and KRW 610 on May 51, 2018.

Therefore, the Defendant is obligated to pay the Plaintiff a loan of KRW 52,501,100 and damages for delay.

(B) Preliminary assertion: The Plaintiff paid to the Defendant the sum of KRW 52,501,100 as above.

Therefore, the defendant is obligated to refund the above investment amount to the plaintiff KRW 52,501,100 and damages for delay.

(2) Under his judgment, the Defendant decided to invest in C, a platform business in which the Defendant is participating, and the Defendant, upon the Plaintiff’s request, used C, as C, advertising factoring as a purchase agent for the money received from the Plaintiff, or used as a membership fee and advertising factoring for the Plaintiff’s husband D.

Ultimately, the Defendant is not obligated to return the above investment amount to the Plaintiff, and the Plaintiff’s claim is without merit.

B. (1) The fact that the Plaintiff remitted total of KRW 52,501,100 to the Defendant on July 19, 2018, KRW 569,490, KRW 2018, KRW 51,931, and KRW 610 on October 19, 201 is no dispute between the parties.

Therefore, we examine the nature of the above money and whether the plaintiff has the right to seek the payment of the above money to the defendant.

(2) First, it is difficult to recognize that the Plaintiff lent the above money to the Defendant as the primary assertion, and the evidence presented by the Plaintiff alone is insufficient to recognize that the Plaintiff lent the above money to the Defendant, and there is no other evidence to acknowledge this otherwise.

(3) Next, we examine whether the Plaintiff has the right to seek the return of the investment amount against the Defendant, as otherwise alleged in the conjunctive argument.

The plaintiff is responsible for proving the facts of the cause of the claim, and the plaintiff is seeking the return of the investment amount of KRW 52,501,100, while seeking the return of the investment amount of KRW 52,500.

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