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(영문) 서울서부지방법원 2015.11.24 2015가단17886
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 the defendant, as the wife of the plaintiff's father-friendly C, remitted the sum of KRW 89 million to the defendant's account from September 18, 2007 to September 23, 2009.

In this regard, the defendant asserts that C, a bad credit holder, only used the defendant's passbook and did not borrow money from the plaintiff.

The fact that the plaintiff remitted 89 million won to the account in the name of the defendant is not a dispute between the parties.

However, in full view of the contents of evidence Nos. 1 through 3 and 5, the defendant shared with C on March 19, 197 in full view of the purport of the entire pleadings, and it is acknowledged that C used the defendant's passbook with a bad credit standing relationship, and that the plaintiff also demanded C to repay the above money borrowed from C. In full view of these circumstances, it is difficult to view the above remittance alone as borrowing the above money, and there is no other evidence to acknowledge it otherwise.

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

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