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(영문) 서울중앙지방법원 2017.08.16 2017가단9808
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts without dispute;

A. On May 9, 2011, the Plaintiff transferred KRW 5,5150,00 to the account under C’s name, the Defendant’s spouse.

B. C transferred KRW 50,00,000 on May 11, 2011, and KRW 5,5150,000 on May 12, 2011 to the Plaintiff’s account under the name of the Plaintiff’s spouse, and KRW 6,150,000 on September 20, 201.

2. The allegations and judgment of the parties

A. The Plaintiff’s gist of the Plaintiff’s assertion asserts that, at the Defendant’s request by the end of November 201, the Plaintiff loaned KRW 5,5150,00 to the Defendant on May 9, 201, but the Defendant claimed that, on September 20, 2011, the Plaintiff, a KRW 1.1 million out of KRW 6.1 million remitted by C on September 20, 201, is the interest on the instant loan and the remainder of KRW 5,000,000,000,000,000,000,000 won. The Plaintiff asserted that only repaid the loan and did not pay the remainder of KRW 5,01,00,000,000,000,000.

B. Determination 1) Even if there is no dispute as to the fact that the parties received money, if there is no dispute as to the grounds for the receipt of money, the plaintiff is liable to prove that it was received as a loan for consumption (see Supreme Court Decision 72Da221, Dec. 12, 1972). 2) The plaintiff and the defendant have a large number of money transaction relations since 2008, and in particular, in light of the fact that the plaintiff alleged to be a loan in this case, he remitted the same amount as KRW 5,5150,00 to the plaintiff's side after 2-3 days from May 9, 2011, it is insufficient to recognize that the evidence submitted by the plaintiff alone lent KRW 5,515,00 to the defendant as alleged by the plaintiff, and even if the above money was repaid, it is reasonable to accept the plaintiff's claim for full repayment.

2. Dismissal of the Plaintiff’s request

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