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(영문) 수원지방법원 2018.10.04 2018가단4204
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff asserts that the Defendant, one’s own fraud, remitted KRW 10,000,000 as the down payment on March 15, 2014 to E, a seller of the apartment, and the remainder KRW 30,000,000,000 borrowed from Nonparty F to Nonparty F on March 31, 2014, deposited KRW 30,000 at the Plaintiff Agricultural Cooperative Account, and then lent KRW 30,000,000 at face value to the Defendant by delivering it to E, and the Defendant demanded the return thereof on or around July 2017, 20, the Defendant is obligated to pay the remainder of KRW 40,00,000 to the Plaintiff.

According to the statement in Gap evidence Nos. 1 through 3, and 5, the plaintiff transferred KRW 10,00,000 to E at one time as argued by the plaintiff, and delivered a check of KRW 30,00,000 at a face value to E, and the fact that the ownership transfer registration was completed on March 31, 2014 in the name of the defendant who was the plaintiff's fraudulent act as to the apartment of this case, but the remaining evidence submitted by the plaintiff, including evidence Nos. 7 and 10, are insufficient to recognize that the plaintiff concluded a monetary loan contract with the defendant and lent KRW 40,00,000 to the defendant, and there is no other evidence to prove otherwise. Thus, the plaintiff's assertion is without merit.

Therefore, the plaintiff's claim is dismissed. It is so decided as per Disposition.

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