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(영문) 제주지방법원 2017.10.13 2016가단13887
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s temporary method of claiming the amount of money in cash of KRW 300,00,000 as of October 19, 2014, on October 22, 2014, stating that the Defendant’s cash of KRW 750,000,000 as of October 22, 2014, in cash of KRW 200,000 on October 30, 2014, the cash of KRW 50,000,000 on November 11, 2014, as indicated in the Plaintiff’s account transfer of KRW 40,000 on December 10, 2014, and KRW 80,000,000 on December 11, 2014, the Plaintiff appears to be the Defendant’s cash transfer of KRW 200,000,000 on December 11, 205, 2015.

Therefore, the defendant is obligated to pay the plaintiff the total amount of loans 26,861,280 won and damages for delay.

2. Comprehensively taking account of the overall purport of the pleadings in the written evidence Nos. 1 and 8, it is recognized that the Plaintiff paid cash or paid money by account transfer to the Defendant from October 2014 to January 6, 2015.

However, the following circumstances acknowledged by the evidence and evidence Nos. 1 and 1, namely, that the Plaintiff and the Defendant appear to have offered money to the Defendant during the teaching process from October 8, 2014 to the specified time; the Plaintiff’s last payment of money to the Defendant was around January 2015; the instant lawsuit was filed on October 12, 2016; the Plaintiff issued a provisional attachment on the Defendant’s real estate on June 2015, and issued a text message to the Defendant that the Plaintiff would want to report to the Defendant; there was no evidence to prove that the Plaintiff expressed his intent to demand the return of the money paid before the instant lawsuit to the Defendant; and there was no documentary loan, etc.; the Plaintiff filed a move-in report at the Plaintiff’s domicile on January 8, 2015 to the Plaintiff’s domicile and registered with the Plaintiff from the Plaintiff’s domicile until August 2016.

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