logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.04.12 2018가단11784
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The main point of the claim is that the plaintiff himself/herself lends KRW 25 million to the defendant by means of remitting it to the bank account under the name of the defendant several times from 2011 to 2013, and the defendant is obliged to pay the above KRW 25 million to the plaintiff.

In regard to this, the defendant asserted that the plaintiff's claim is groundless, since the defendant voluntarily paid the money in return for the introduction of the construction to the plaintiff, not the above money.

Judgment

Even if there is no dispute as to the fact that the parties provided and received money, when the defendant contests the plaintiff's assertion that the lending was made, the plaintiff bears the burden of proving that the lending was made.

(See Supreme Court Decision 2014Da26187 Decided July 10, 201 (see, e.g., Supreme Court Decision 2014Da26187, Apr. 1, 201). The fact that the Plaintiff remitted the money of KRW 5 million to a bank account under the name of the Defendant, KRW 10 million on May 12, 2013, and KRW 16,000,000 on May 16, 2013 is not disputed between the parties, but there was no dispute between the Plaintiff and the Defendant, and even according to the Plaintiff’s assertion, no separate interest agreement was made between the Plaintiff and the Defendant at the time of the said transfer, and there was no evidence to deem that the Defendant paid the money under the name of interest. In full view of the fact that the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the money for which the Plaintiff seeks payment was a loan, and there is no other evidence to prove it

Thus, the plaintiff's claim shall be dismissed as it is without merit.

arrow