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(영문) 창원지방법원 2015.12.02 2015가단14788
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 30, 2003, the Plaintiff lent KRW 50,000,000 to C, who is the husband of the Defendant, and KRW 20,000,000 on February 9, 2004, and KRW 10,00,000 on April 22, 2004 (hereinafter “instant loan”).

B. From the passbook in the name of the defendant, KRW 500,000 was remitted from April 3, 2009 to the passbook in the name of the plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence 1, Gap evidence 2-1 and 2, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. After paying the Plaintiff’s alleged loan of this case, the Defendant agreed to pay the Plaintiff the above loan of this case together with C’s obligation to pay the Plaintiff the loan of this case. Accordingly, the Defendant paid part of interest on April 3, 2009.

Therefore, the defendant is liable to pay the plaintiff 50,000,000 won of the loan of this case and damages for delay as joint and several sureties.

B. The facts that KRW 500,000 was remitted from the passbook in the name of the plaintiff in the name of the defendant to the passbook in the name of the plaintiff are as seen earlier, but it is insufficient to recognize that the defendant guaranteed the payment of the borrowed loan obligation to the plaintiff by the defendant only with the above facts of recognition and the statement in the evidence Nos. 3 and 4, and there is no other evidence to prove otherwise.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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