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(영문) 서울동부지방법원 2015.08.11 2014가합14113
대여금 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

In full view of the statements in Gap evidence Nos. 1 and 2 and the purport of the entire pleadings, the fact that the plaintiff remitted the sum of KRW 100 million to the bank account of non-party C, KRW 50 million on September 4, 2009, KRW 100 million on two occasions, KRW 22 million on September 14, 2009, and KRW 142 million on September 16, 2009, and KRW 20 million on September 16, 2009.

The Plaintiff asserted that on September 4, 2009, the Defendant agreed to lend KRW 142 million to the Defendant’s account as above, which is the Defendant’s wife designated by the Defendant, and that the Plaintiff wired KRW 142 million to the Defendant’s account. However, each of the entries in the evidence Nos. 1 and 2 submitted by the Plaintiff is insufficient to recognize that C is the Defendant’s wife, and that the transfer of KRW 142 million was based on a monetary loan contract between the Plaintiff and the Defendant, and there is no other evidence to prove otherwise.

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

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