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(영문) 서울중앙지방법원 2016.07.13 2016가단5027460
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. According to the reasoning of the evidence No. 1 and the purport of the entire pleadings, the Plaintiff may recognize the fact that on October 15, 2007, the Plaintiff remitted KRW 20.6 million to the Defendant’s account, KRW 15 million to the Defendant’s wife C’s account, and KRW 15.9 million to the above C’s account on the 16th day of the same month.

2. Assertion and determination

A. The plaintiff asserts that the defendant loaned money to the plaintiff via D and remitted the total of KRW 51,500,000 to the account of the defendant and the above C. Thus, the plaintiff asserts that the principal of the loan is KRW 51,500,000 and the delay damages are sought.

The defendant asserts that he did not borrow KRW 51,500,000 from the plaintiff, and that he was repaid with the principal and interest of the amount loaned to D.

B. We examine whether the Plaintiff lent the above KRW 51.5 million to the Defendant. The following circumstances are as follows: (a) the Defendant’s national bank account to D; (b) the Defendant’s national bank account from May 17, 2007; (c) KRW 10 million from May 18, 2007; and (d) the Defendant’s national bank account from the Defendant’s wife C’s wife.

6.15.20 million won was remitted, and the defendant transferred 50 million won from D, June 15, 2007, and the same year.

7.16. 16. and the same year

8. In light of the fact that each person received KRW 1.5 million from each of 14.1, and thereafter received a total of KRW 51,500,000 as stated in the above 1.2, there is no clear evidence to acknowledge the fact that the Plaintiff lent the said money to the Defendant.

3. In 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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