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(영문) 창원지방법원 진주지원 2018.04.13 2017가단5538
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff asserted that the Plaintiff lent a total of KRW 79,00,000 to the Defendant from May 22, 2013 to September 2, 2013. As such, the Defendant is obliged to pay the Plaintiff a total of KRW 79,00,000 and damages for delay.

B. Considering the overall purport of each statement and argument in subparagraph 1-1 through 5, the Plaintiff may be found to have remitted total of KRW 79,000,000 to the Defendant on May 22, 2013; KRW 30,000,000 on June 20, 2013; KRW 2,000,000 on August 9, 2013; and KRW 5,000,000 on August 27, 2013; and KRW 40,000,000 on September 240, 2013; however, there is no evidence to acknowledge that each of the aforementioned transfers was a loan to the Defendant. Therefore, the Plaintiff’s above assertion is without merit.

2. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.

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