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(영문) 의정부지방법원 2020.12.23 2019가단107548
대여금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion received a request from the Defendant to lend money to purchase the land of the land of Ansan-si and six parcels, and on August 6, 2010, the Plaintiff received a loan of KRW 140 million from the F Association as collateral for the Seoul Mapo-gu D Ground Housing E-House, Mapo-gu, Seoul, and disbursed KRW 1,028,00,00 for the creation cost, etc., and deposit the remainder of KRW 138,972,00 in the account of G (hereinafter “G”) as the Defendant’s representative at the Defendant’s request.

As such, the Plaintiff lent KRW 140 million to the Defendant, so the Defendant is obligated to pay the Plaintiff the above loan amounting to KRW 140 million and the damages for delay.

B. The defendant's assertion does not allow the plaintiff to borrow KRW 140 million from the plaintiff.

G, which the Plaintiff deposited KRW 140,000,00, is only the money that the Plaintiff provided as business funds to the Plaintiff’s children or lent to G, as it was operated by the Plaintiff’s H, not the Defendant.

2. For the following reasons, the evidence or witness I’s testimony alone submitted by the Plaintiff is insufficient to recognize that the Plaintiff lent KRW 140 million to the Defendant, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion is without merit.

Witness

I’s testimony and the result of the appraiser J’s appraisal alone are insufficient to acknowledge the authenticity of Gap’s evidence No. 5 (a). There is no other evidence to acknowledge it, and Gap’s evidence No. 6 (K Loans) has no evidence to acknowledge the authenticity.

Therefore, evidence Nos. 5 and 6 cannot be used as evidence.

Even if the authenticity of Gap evidence Nos. 5 and 6 is recognized, Gap evidence No. 6 is unrelated to the loan of the plaintiff's assertion, and Gap evidence No. 5 is indicated as "G Chairperson B of the Co., Ltd." and it is not clear whether the borrower is G or not.

B. According to the evidence Nos. 2 and 3, the Plaintiff is from the F Association on August 6, 2010.

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