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(영문) 의정부지방법원고양지원 2016.04.07 2015가단15545
대여금 및 양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion that: (a) the Plaintiff lent a total of KRW 46,00,000 to the Defendant from June 14, 2013 to July 9, 2013; (b) C lent a total of KRW 33,850,00 to the Defendant from March 15, 2013 to August 28, 2014; and (c) the Plaintiff received the above loan claim from C; and (d) the Defendant is obliged to pay the Plaintiff a total of KRW 79,850,000,000,000 from the above loan claim and the loan claim.

2. According to the evidence evidence Nos. 1 through 4, the fact that the same amount as the Plaintiff claims was transferred from the Plaintiff’s account under the name of the Plaintiff or C to the Defendant’s account under the name of the Defendant, and C may be acknowledged as the fact that the Plaintiff transferred KRW 33,850,000 to the Defendant around February 28, 2015.

However, in light of all the following circumstances, which are acknowledged by comprehensively considering the purport of the entire arguments in the statements in Evidence Nos. 2, 4, and 1 through 3, namely, the Plaintiff and the Defendant are South Korea, and C are in a de facto marital relationship with the Plaintiff and a person in a de facto marital relationship with the Defendant, and the money of the details as alleged by the Plaintiff was transferred from the account in the name of the Plaintiff and C, but around that time, the money of the details as alleged by the Plaintiff was transferred to the Defendant, but the above amount was transferred to the account in the name of the Plaintiff and the Plaintiff’s child D, E, and C, the above facts alone are insufficient to recognize that the Plaintiff and C lent the said money to the Defendant,

3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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