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(영문) 대구지방법원서부지원 2019.08.28 2018가단13541
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff leased KRW 50 million to the Defendant, and the remainder of the loan, excluding KRW 10 million, was not returned. As such, the Plaintiff sought payment of the remainder of the loan and delayed payment damages.

According to the evidence No. 1, the plaintiff transferred money to the defendant's account on April 30, 2012. However, in full view of the whole purport of the arguments in the above evidence, the defendant used the above account at the time and claimed that the plaintiff was not aware of the whole purport of the arguments, and the plaintiff transferred money to the head of the Tong designated by the defendant because he paid a large amount of profit to the defendant's children, and at the time the defendant was unaware of the guidance of the defendant at the time. Thus, the above facts alone do not lead to the conclusion that the plaintiff lent money to the defendant, and there is no other evidence to acknowledge this.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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