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(영문) 청주지방법원제천지원 2020.06.10 2020가단441
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 1) The Plaintiff’s assertion C (hereinafter “the deceased”).

(2) On November 7, 2017, the Defendant lent KRW 40,000,000 to the Defendant respectively, and the Defendant did not repay that amount. Accordingly, the Defendant is obligated to pay KRW 40,00,000,000 to the Plaintiff who inherited the network C. (2) The Defendant asserted that the Defendant borrowed money from D in a de facto marital relationship with the Deceased, and did not borrow KRW 40,00,000 from the Deceased.

2. According to the purport of Gap evidence No. 2 and the entire pleadings, each of the following facts are acknowledged: (a) the defendant written a letter of payment stating "proof that he/she borrowed KRW 10,000,000 on November 7, 2017; and (b) the statement of payment stating "proof that he/she borrowed KRW 30,000,000" on December 1, 2018.

However, the above loan certificate and the statement of payment did not contain a person who lends the above money to the defendant, and there was no evidence to prove that the deceased paid KRW 40,000,000 to the defendant. This court urged the defendant to prove this portion through the order of preparation for tin on May 4, 2020, but the plaintiff did not have any evidence to submit it.

Considering the above facts alone, it is insufficient to recognize that the Deceased lent KRW 40,000,000 to the Defendant solely based on the above facts of recognition, and there is no other evidence to acknowledge it.

(E) According to the purport of Paragraph (1) of this Article and all pleadings, the Defendant received money from D around the date on which the above loan certificate and the statement of payment are written, and later remitted the amount equivalent to the interest to D). Accordingly, the Plaintiff’s claim is rejected.

3. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.

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