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(영문) 인천지방법원 2018.08.23 2018가단204441
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserts that, on February 18, 2016, the Plaintiff lent KRW 200,000 to the Defendant.

In regard to this, the defendant asserts that the defendant did not borrow money from the plaintiff, either because he received the money from the debtor and the third party in return for the establishment of the right to collateral security with regard to C forest land 17,434 square meters which is owned by the defendant.

2. The Plaintiff’s assertion that the Plaintiff lent money between the parties to the judgment, even if there was no dispute as to the fact that the said money was given and received, has the burden of proof as to the fact of the lending.

(2) The Plaintiff’s assertion is without merit, despite the fact that the Plaintiff’s transfer of KRW 200,00,000 to the Defendant’s account was made from February 18, 2016 to the Defendant’s account, and that the said money was entered into the Plaintiff’s customer’s account, but it is insufficient to recognize that the Plaintiff lent KRW 200,00,000 to the Defendant solely on the basis of the above fact of recognition, and there is no other evidence to acknowledge it.

Rather, in full view of the respective entries and arguments in the evidence Nos. 1 to 4, the Plaintiff borrowed money from a third party, there is a high room for the Defendant to exchange KRW 200,000,000 with a third party on February 17, 2016 as consideration or security for the provision of real estate owned by the Defendant to a third party as a physical collateral.

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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