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(영문) 청주지방법원 2019.02.19 2018가단8613
대여금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The parties' assertion

A. On July 27, 2015, the Plaintiff lent KRW 53,000,00 to the Defendant on May 31, 2016, the Plaintiff asserted that the Defendant did not pay the principal even after the due date under the agreement was due. However, during the period from July 27, 2015 to February 2, 2016, the Plaintiff asserted that the Plaintiff lent KRW 5,250,000 in total over six occasions by account transfer as follows.

B. The Defendant did not know the Plaintiff, and only lent the passbook to C (titled name: D). Since C was transferred by using the passbook from the Plaintiff, the Plaintiff borrowed the loan of this case from C.

2. Comprehensively taking account of the respective statements in Gap evidence Nos. 1 and 3, it is recognized that the plaintiff remitted 5,250,000 won to the defendant's deposit account over six times between July 27, 2015 and February 2, 2016, and C recognizes the fact of borrowing KRW 26,00,000 out of the above money and did not raise an objection to the payment order.

However, each of the above evidence alone is insufficient to recognize that the Defendant lent the instant money as asserted by the Plaintiff, and there is no other evidence to prove the fact of lending the Plaintiff’s assertion.

3. The plaintiff's claim for conclusion is without merit, and it is dismissed. It is so decided as per Disposition.

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