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(영문) 광주지방법원순천지원 2014.08.05 2014가단2031 (1)
대여금등
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 January 20, 198, the defendant established a medical welfare facility for the aged under the Social Welfare Services Act for its business purpose, such as the establishment and operation of medical welfare facility for the aged, and has established and operated the C medical care center for the aged under the same Act and the Welfare of the Aged Act.

B. Meanwhile, the Plaintiff served as the director of the C Care Center from January 201 to October 2013.

【Reasons for Recognition】 The descriptions of Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Judgment on the main argument

A. The Plaintiff’s assertion that “The Plaintiff, from January 20, 2012 to December 31, 2012, 200, lent a total of KRW 38,880,00 to the Defendant, and thus, the Plaintiff should have the remainder of KRW 33,280,000 after deducting KRW 5,60,000 which was already paid from the Defendant’s loan 38,880,000, and damages for delay.”

In this regard, the defendant asserts that there is no lending fact as alleged by the plaintiff.

B. The plaintiff's assertion that there was no dispute between the parties to the judgment as to the fact that the money was received, but the loan was lent, has the burden of proving that the loan was lent to the plaintiff.

(Supreme Court Decisions 72Da221 Decided December 12, 1972, and Supreme Court Decision 2014Da26187 Decided July 10, 2014). According to the Plaintiff’s evidence No. 7, the fact that the Plaintiff remitted KRW 23,880,000 from the bank account under the Plaintiff’s name of the Plaintiff to the bank account of the said E-care source from January 19, 2012, as indicated in the following table, to the bank account under the name of the E-care source (F), and KRW 15,00,000 from January 20, 20 to December 31, 2012.

The remittance amount of the remittance date: (a) KRW 1,500,000 on January 19, 2012, 201; (b) KRW 1,500,500 on April 10, 2012; (c) KRW 1,500,500 on April 13, 2012; and (d) KRW 20,000 on May 14, 2012; (c) KRW 6,000 on December 27, 2012; and (d) KRW 38,880,000 on December 31, 2012, but subparagraph 2-38,80,000 on KRW 30,80 on December 31, 2012;

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