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(영문) 춘천지방법원강릉지원 2020.11.17 2019나31563
대여금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The parties' assertion

A. The Plaintiff transferred KRW 30,00,000 to C’s account designated by the Defendant to the Defendant, and thus, the Defendant is obligated to return the said loan to the Plaintiff.

B. The defendant did not borrow money from the plaintiff.

Of the money deposited by the Plaintiff in the name of passbook C, KRW 20,000,000, from July 11, 2013 to July 15, 2013, when the missionary community (D) to which the Defendant belongs, lent KRW 20,000,000 to the Plaintiff by means of transferring from the Plaintiff’s account to the Plaintiff’s account from July 15, 2013, and the remainder of KRW 10,000,000, the Defendant decided to operate the missionary community to which the Defendant belongs and the Philippines, and was paid as wages for F employed in the Philippines, and the members of the missionary community E paid KRW 11,00,000 for five times from July 21, 2014 to October 23, 2014, there is no amount to be paid.

2. Determination as to the cause of action

A. Comprehensively taking account of the Plaintiff’s statement and the purport of the entire pleadings, the fact that KRW 30,000,000 has been remitted from the Plaintiff’s account to the Defendant’s account under the name of “C” (hereinafter “each of the instant transfers”) on November 13, 2013, and KRW 10,000,000 on November 22, 2013, and KRW 6,000,000 on January 3, 2014, and KRW 30,000 on January 25, 2014 (hereinafter “each of the instant transfers”).

B. However, even according to the Plaintiff’s assertion, the document of disposition, such as a loan certificate, was not prepared between the Defendant and the Defendant regarding each remittance of the instant case. Considering that the Plaintiff transferred each money to C, not the account in the name of the Defendant, the evidence alone submitted by the Plaintiff was established between the Plaintiff and the Defendant.

(1) Each transfer of this case is not deemed to have been made under the name of the Plaintiff’s loan to the Defendant, and there is no other evidence to acknowledge it.

(c)in addition, it is recognized in accordance with the purport of each entry and the entire pleading of the evidence set forth in sub-paragraph (1) to (5).

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