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(영문) 의정부지방법원고양지원 2014.12.24 2014가단28179
대여금
Text

1. The request is dismissed.

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

Reasons

1. The plaintiff asserts that he should return money to the defendant at his request on May 27, 2005, since he lent 40 million won to the defendant.

However, the defendant asserts to the effect that, although he received 40 million won or less, he did not request the plaintiff to lend the money to the plaintiff, the defendant's wife C who managed the defendant's income at the time changed the business fund and C remitted the money through the plaintiff, so he only received the money.

2. It is difficult to view that the Plaintiff transferred the money from the Defendant to the intention of return, on the ground that the Plaintiff did not demand the return of the money during the period of nine years or more since the Defendant brought a divorce lawsuit against the Plaintiff’s father C, that the Plaintiff brought the instant lawsuit, and that the source of KRW 40 million is unclear, and that the Plaintiff did not demand the return of the money.

In other words, it is difficult to view it as a loan.

Therefore, the plaintiff's claim cannot be accepted, and it is so decided as per Disposition.

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