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광주지방법원순천지원 2016.06.09 2015가단18880

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: (a) deposited the Defendant with no passbook on March 18, 2013; and (b) around May 2013, the Plaintiff lent KRW 22 million in total to C (the Defendant’s mother), an agent of the Defendant, a bill of KRW 10 million cashier’s checks, etc.; and (c) thus, the Defendant is liable to reimburse the Plaintiff.

2. According to the purport of the evidence No. 1 (money without passbook) and the entire pleadings, it is recognized that the Plaintiff remitted the amount of KRW 12 million to the Defendant on March 18, 2013, and that the amount of KRW 10 million was appropriated to the apartment lease deposit under the name of the Defendant on May 2013.

However, the following circumstances revealed through the witness C’s testimony and the overall oral argument, i.e.,: (a) the Plaintiff established a pro rata relationship with the Defendant’s mother, and there was no pro rata relationship with the Defendant before the instant lawsuit; (b) the Plaintiff did not directly receive a request for lending money from the Defendant at the time and received a request for lending money from C; (c) the Plaintiff used the account under the name of the Defendant in this court; (d) the Plaintiff gave testimony to the Plaintiff as the principal; and (d) the Plaintiff filed a lawsuit against the Plaintiff seeking reimbursement of KRW 82 million including the above loans KRW 22,00,000,000,000,000 including the loans KRW 2,200,000,000,000,000 won, and (c) the Plaintiff did not assert that the final and conclusive judgment on winning the apartment loan was made under the name of the Defendant, but there was no reasonable explanation as to what was deposited in the name of the Plaintiff in the name of 1.5 million.

3. Conclusion