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(영문) 창원지방법원 2015.07.07 2014가단23129
대여금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The plaintiff alleged that he lent KRW 30 million to the defendant around April 24, 2008, the defendant asserted that he borrowed the money under his own name C, and that he did not borrow it from the plaintiff only by allowing him to use the plaintiff's name and transfer the borrowed money to himself.

B. On April 24, 2008, it is difficult to find that the Plaintiff borrowed KRW 30 million to the Defendant on or around April 24, 2008, even though it is recognized that the Plaintiff borrowed KRW 30 million to the Defendant on or around April 24, 2008, and there is no other evidence to prove otherwise.

Rather, in full view of the fact-finding results on Gap evidence 1 and Eul evidence 3, Eul evidence 3, 4, 6, 7, 8, 10, 11, and 12 (including a serial number), Dong Changwon Agricultural Cooperative, Changwon Livestock Cooperative, Changwon Livestock Farming Cooperative, and Lochi Agricultural Cooperative, each fact-finding results, the plaintiff can only be seen that the money which the defendant's wife transferred without passbook to the defendant around April 24, 2008 is the money which the defendant's wife obtained from Dong Changwon Agricultural Cooperative.

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

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