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(영문) 수원지방법원안산지원 2016.04.20 2015가단20940
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

On July 19, 201, the Plaintiff lent KRW 50,000,00 to Defendant C for the purpose of studying, and the Defendants asserted that Defendant B jointly and severally and severally guaranteed it.

Therefore, according to the evidence evidence Nos. 1-1, 1-2, 3, 3 and 4 as to whether the borrower is the Defendant C, the amount of KRW 50,000 has been transferred from the Plaintiff’s account to the Defendant’s account in the name of the Defendant C on July 19, 2011, and the amount of KRW 50,000 has been transferred from August 18, 201 to the Defendant’s account on several occasions from August 18, 2011.

However, in light of the following circumstances, which are acknowledged as adding up the overall purport of the pleadings to the testimony of the evidence Nos. 2, 1 through 5, witness D, and E, that is, the personal relationship between Defendant C and the Plaintiff was not verified, but Defendant C was a relative of Defendant C, and the Plaintiff received a loan certificate indicating the above loan as a borrower on July 20, 201, and there is no evidence to deem that the above loan was used as the Defendant’s study fund as the Defendant’s study fund as alleged by the Plaintiff. In light of the above circumstances, it is insufficient to acknowledge that Defendant C borrowed KRW 50,00,000 from the Plaintiff, and there is no other evidence to prove otherwise.

Ultimately, on a different premise, the prior plaintiff's claim is without merit without examining further claims.

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