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(영문) 의정부지방법원 고양지원 2018.11.29 2018가단78486
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff asserts that, upon the request of the Defendant, his father, the Plaintiff loaned each of the loans to the Defendant KRW 10 million on November 4, 2015, KRW 60 million on December 4, 2015, and KRW 50 million on December 28, 2016, respectively.

The fact that the Plaintiff deposited KRW 10 million in the account in the name of the Defendant, KRW 60 million on December 4, 2015, KRW 60 million on the account in the name of the Defendant, and KRW 50 million on December 28, 2016, respectively, may be recognized by taking into account the following as a whole: (a) there is no dispute between the parties or the purport of the entire pleadings in the evidence No. 1-2, evidence No. 2, evidence No. 2, and evidence No. 2, and evidence No. 2.

However, even if there is no dispute between the parties as to the fact that the lending was made, the plaintiff bears the burden of proving that the lending was made (see Supreme Court Decision 2013Da73179, Sept. 15, 2015), and the following facts and circumstances acknowledged by comprehensively taking into account the entire purport of the pleadings in the evidence Nos. 1 through 4, 5-1, 2, and 6-2, and 700,000 won of deposit money held by the plaintiff on December 2, 2015, the defendant completed the registration of transfer of ownership on the ground of sale on November 4, 2015, 30,000 won of deposit money held by the plaintiff, 90,000 won of deposit money held by the defendant on the same date, 200,000 won of deposit money held by the defendant on the same date as the right to collateral security held on the above real estate, and 1,000,000 won of deposit money held by the plaintiff on the same date.

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