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(영문) 수원지방법원성남지원 2019.01.31 2018가단14495
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. As the Plaintiff’s summary of the Plaintiff’s assertion transferred KRW 60,000,00 to the Defendant’s account on November 11, 2016, and lent the above money to the Defendant, the Defendant is obligated to pay the Plaintiff the remainder of KRW 54,54,55,450, which remains after subtracting the Plaintiff’s share of KRW 5,454,550 used in transactions with the Defendant and was repaid.

2. Even if there is no dispute as to the fact that there was a number of money between the parties to the sales market, when the Defendant contests the Plaintiff’s assertion that the lending was made, the Plaintiff bears the burden of proving that the lending was made (see, e.g., Supreme Court Decisions 72Da221, Dec. 12, 1972; 2014Da26187, Jul. 10, 2014); and 54,545,450, which the Plaintiff sought a return to the Defendant, should be recognized as a loan under a loan agreement under the Civil Act, the Defendant, who was the other party to whom the lending was received, agreed to return the money corresponding thereto. However, it is insufficient to acknowledge only the items in subparagraphs 1 and 2, and there is no other evidence to acknowledge it.

3. According to the conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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