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(영문) 부산지방법원 2018.11.16 2018나44852
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Determination as to the cause of claim

A. The plaintiff's assertion was requested by the defendant to lend money under the pretext of purchasing real estate B located in Busan-gun, Busan-gun, and on January 19, 2017, the plaintiff's assertion amounting to KRW 4,000,000, and the same year.

2.3.3.695,059 Won was lent to the Defendant.

Therefore, the defendant is obliged to pay the plaintiff a total of KRW 7,695,059 and delay damages.

B. According to the evidence No. 1 written by the Plaintiff, the Plaintiff’s KRW 4,000,000, around January 19, 2017, and the same year.

2.3.Recognizing the fact that each remittings KRW 3,695,059 around 3.00.

However, even if there is no dispute as to the facts that the parties provided and received money, when the defendant contests against the plaintiff's assertion that the lending was made, there is a burden of proof on the plaintiff who asserts that the lending was made (see, e.g., Supreme Court Decisions 72Da221, Dec. 12, 1972; 2014Da26187, Jul. 10, 2014); and the statement of evidence No. 1 is insufficient to acknowledge that the plaintiff paid the above money as a loan to the defendant, and there is no other evidence to acknowledge it.

Rather, according to the statement in Eul evidence No. 1, around February 3, 2017, the plaintiff purchased 66m2 from the defendant from the defendant and remitted each of the above money to the purchase price.

Therefore, the plaintiff's assertion is without merit.

2. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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