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(영문) 광주지방법원 2019.11.15 2019가단508481
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On November 2015, the Plaintiff asserted that the Defendant, his/her dependent, provided real estate as security on condition that the Plaintiff support the Plaintiff, and lent the amount of KRW 90 million at C.C., and the Defendant did not perform his/her duty to support, and therefore, the Defendant is liable to pay the Plaintiff the said KRW 90 million and the damages for delay.

In this regard, the defendant asserts that some of the above CF loans have been given by the plaintiff and used them for the opening of one's own private teaching institute business, and that it has not borrowed them.

2. The receipt of the judgment can be conducted based on various legal causes, such as loans for consumption, donations, and repayment. Thus, it cannot be readily concluded that there was a consensus among the parties to a loan for consumption solely on the fact that there was a receipt of such money. If the Plaintiff asserted that the cause of receipt of the money was a loan for consumption and the Defendant asserts that it was a loan for consumption, and the Plaintiff asserts that it was given and received due to a loan for consumption, the burden of proof exists

According to the above legal principles, according to the results of the response to the order to submit financial transaction information to the Health Team, Gap evidence Nos. 2 and 4, witness Eul's testimony, and this court's response to the order to submit financial transaction information to the Association C, the plaintiff provided as security and received a loan of KRW 100 million from the Association on November 9, 2015, the defendant used part of the above KRW 100 million, the defendant used part of the above KRW 100 million, and the defendant paid part of the interest on the loans to the Association. However, in light of the plaintiff's three children (D, H, and the defendant), the defendant was not married, and Eul used part of the above KRW 100,000,000 from the plaintiff at the time of marriage, and H used part of the above KRW 10,000,000,000 from the plaintiff at the time of marriage, and the evidence submitted by the plaintiff and the defendant are not prepared.

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