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(영문) 서울북부지방법원 2015.04.24 2014가단119925
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion and judgment

A. On October 2012, the Plaintiff loaned KRW 50,000,000 as at the time when the Defendant used only one month to build an accident building where the land was involved, and asked that it was paid in cash. On March 19, 2013, the Defendant returned KRW 20,000,000 among them, and then requested to lend money again and lent KRW 20,000 to the Defendant’s account. Accordingly, even if the Plaintiff’s loan claim against the Defendant is not recognized, the Defendant is obligated to return the money to the Defendant without any legal cause.

B. First of all, as to whether or not the Plaintiff lent money to the Defendant, it is recognized that, as to whether or not the Plaintiff lent money, the Plaintiff prepared and delivered money to the Defendant, a loan certificate (Evidence A2), a real estate lease contract, a lease contract, and a real estate lease contract (Evidence A 3-1-4). Thus, unless there is any proof as to the fact that C was duly prepared upon delegation by the Defendant’s own authority to prepare a loan certificate and a written statement of performance by the Defendant or the Defendant’s wife, it shall not be admitted as evidence, and the fact that money was transferred to the Defendant’s account in light of the statement of Evidence A-5 (Evidence A-1) is insufficient to recognize that the Plaintiff lent money to the Defendant, and there is no evidence to acknowledge otherwise.

(A) The Plaintiff asserts that the Defendant, who owns real estate, has no particular property, was indicated in the loan certificate with joint or several sureties or a kind of joint and several sureties, but the Plaintiff’s above assertion is not recognized for the reasons as seen above). Next, as to the assertion of unjust enrichment, the health room and the evidence No. 5 are as follows.

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