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(영문) 서울중앙지방법원 2015.11.26 2015가단5011000
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 assertion asserts that, on December 11, 2013, the Plaintiff lent KRW 25,000,000 to the Defendant’s deposit account by means of transferring it to the Defendant’s deposit account, the Defendant is obligated to pay KRW 25,00,000 to the Plaintiff as well as damages for delay.

2. The Plaintiff, on December 11, 2013, remitted KRW 25,00,00 to the Defendant’s bank account in Hana Bank Co., Ltd. (hereinafter “instant remittance”), did not conflict between the parties, but it is insufficient to recognize the fact that the money transferred by the Plaintiff to the Defendant was a loan to the Defendant solely on the basis of the entries in the evidence Nos. 3, 5, and 7, and there is no other evidence to acknowledge it.

Meanwhile, the following circumstances revealed by comprehensively considering the purport of the entire pleadings in Gap evidence Nos. 1 and Eul evidence Nos. 1, i.e., (i) even though the plaintiff remitted a certain amount of money of KRW 25,00,000 to the defendant, the documents, such as a certificate of borrowing, were not prepared; (ii) on November 14, 2013, the plaintiff remitted KRW 25,000 to the defendant's Han Bank Deposit Account; (iii) on December 10, 2013, the defendant again remitted KRW 25,00,000 to the plaintiff's Deposit Account; and (iv) on December 11, 2013, the following day, it is difficult to view that the plaintiff borrowed money from the plaintiff to the defendant on the following day after the payment of money to the plaintiff was made by the plaintiff, and (v) in light of the fact that the plaintiff never made a donation to the plaintiff during the marriage period from around 21, 2014.

3. Conclusion

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