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(영문) 울산지방법원 2016.08.10 2016가단2122
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The key issue of the instant case asserted that at the first complaint, the Plaintiff lent KRW 22,00,000 to the Defendant from August 7, 2013 to September 12, 2013.

In this regard, the defendant did not know the plaintiff, and did not borrow the money of the plaintiff's assertion, and the defendant's account was opened at the request of the defendant's Dong-in and his father, who is a bad credit holder.

In other words, the plaintiff again transferred the above KRW 22,00,00 to the defendant's account in the name of the defendant because C made an investment in money in the building business with C, and C is operating a business jointly with the defendant. The defendant asserts that the plaintiff should pay the claim amount to the beneficiary who received money in return for the money.

2. Determination fee, KRW 5,00,000 on August 7, 2013, and KRW 2,000,000 on August 7, 2013, and year

9. The fact that a sum of KRW 22,000,000 was deposited on December 15, 199 is without dispute between the parties.

However, the above facts alone are insufficient to recognize that the plaintiff lent the above money to the defendant, and there is no other evidence to acknowledge it.

In addition, in light of the contents of the defendant's argument and evidence Nos. 1 and 2, it is difficult to readily conclude that the defendant is obligated to return the above money to the plaintiff as a beneficiary equivalent to the above money, and there is no other evidence to acknowledge the plaintiff's above assertion.

Therefore, the plaintiff's assertion is without merit.

3. The plaintiff's claim of this case is dismissed as it is without merit.

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