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(영문) 인천지방법원 부천지원 2017.01.26 2016가단22389
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff remitted KRW 148,00,000 to the Defendant on July 9, 2010, and the fact that the Defendant remitted KRW 1,800,000 to the Plaintiff on July 2, 2016 is no dispute between the parties.

The Plaintiff asserts that the above KRW 148,000,000 is a loan to the Defendant, and that the above KRW 1,800,000 is a interest on the said loan, and sought payment of KRW 148,00,000.

The defendant asserts that the above 148,00,000 won was remitted to the plaintiff as part of the D values and establishment cost that the plaintiff operated in partnership with C, and that the above 1,80,000 won was the missionary money paid to the plaintiff after the establishment of Fachi under the name of incorporated association E.

In light of the fact that even though the amount of remittance was a large amount, the loan certificate was not prepared between the plaintiff and the defendant, the above 1,800,000 won was paid once after 6 years from the date of remittance of the above 148,00,000 won and it is difficult to see it as interest, and even according to the contents certification sent by the plaintiff, it appears that the defendant's account was used as a borrowed account in the name of the defendant while operating a nonprofit corporation, etc., the above 148,00,000 won was insufficient to recognize that it was a loan to the defendant by the plaintiff, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's claim is without merit, and it is dismissed. It is so decided as per Disposition.

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