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(영문) 광주지방법원 2016.11.15 2016가단14664
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 2013, the Plaintiff, the Defendant, and C had suppering meals. At that place, C had no cost for the Plaintiff, and requested C to borrow KRW 3 million.

B. At the time, the Defendant lent the e-mail card under his name to C and used the e-mail card. However, the Plaintiff wired KRW 3 million to the passbook opened in the name of the Defendant related to the e-mail card on September 10, 2015.

(Facts without any dispute, see the Plaintiff’s Answer submitted on June 3, 2016).

After remitting the above money, the Plaintiff sent text messages to the Defendant, and the Defendant sent text messages to the Defendant “N”.

【Ground of recognition】An absence of dispute, Gap 2 and 8

2. The plaintiff asserts that "At that time C would lend KRW 3 million to the plaintiff, and the plaintiff made the defendant's defect that the defendant would have lent the money to the defendant on behalf of the defendant, and made the defendant deliver the money by means of a deposit and withdrawal card to C, and the above money was lent to the defendant." Accordingly, the defendant alleged that the above money was lent to C and it was not the money lent to the defendant by the plaintiff.

3. The judgment requiring C, not the Defendant, to lend KRW 3 million to the Plaintiff, and the fact that the Plaintiff sent KRW 3 million to the connection account under the Defendant’s name, which was actually used by C, is recognized as above.

The plaintiff asserted that he remitted the above money to the defendant with the belief that he would repay the above money to the defendant, but it is not sufficient to recognize that the plaintiff lent the above money to the defendant that is not C, and it seems that C had the same position as the plaintiff, but C had also filed the lawsuit of this case with the plaintiff as his child, together with D's agent.

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