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(영문) 서울동부지방법원 2017.02.03 2016가단133110
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

According to the statements in Gap 1-3, the defendant completed the marriage report with Eul, the plaintiff's son on November 20, 2002, and completed the marriage report on November 25, 2014. The plaintiff may recognize the fact that the plaintiff remitted the sum of KRW 22,116,00 to the defendant from June 4, 2013 to October 22, 2014 during the marriage period with the defendant as follows:

Plaintiff’s assertion

① From June 4, 2013 to October 22, 2014, the Plaintiff loaned KRW 22,116,000 to the Defendant by remitting the total amount of KRW 22,16,000, and ② the Plaintiff seeks to return KRW 22,116,000 to the Defendant by hearing the horses that the amount of KRW 20,000 as a deposit for lease deposit is insufficient, and by granting KRW 2,00,000 to the Defendant on July 31, 2013, the Plaintiff sought a return of KRW 42,116,00 (= KRW 22,116,000).

Judgment

Therefore, the claim for the above loan cannot be accepted, since there is no evidence to acknowledge it as to whether 22,116,000 won, which the plaintiff remitted to the defendant, was delivered under a monetary loan contract between the plaintiff and the defendant.

In addition, it is not sufficient to recognize that the Plaintiff paid KRW 20 million to the Defendant on July 31, 2013 only with the statement in Gap 4, and there is no other evidence to acknowledge it.

However, around 2013, the Defendant was a person who received KRW 19 million from the Plaintiff as the part of the shortage of deposit money for the lease of the house in which the Defendant would move to directors. However, there is no evidence to recognize that the said KRW 19 million was paid based on the monetary loan contract between the Plaintiff and the Defendant. Therefore, the above loan claim cannot be accepted.

Thus, the plaintiff's claim is dismissed as it is without merit.

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