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(영문) 수원지방법원 2017.09.26 2016가단804110
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff heard that around 201, the Plaintiff would request the Defendant to borrow KRW 50,000,000,000, and asserts that, upon C’s request, the Plaintiff lent KRW 50,000,000 to the Defendant by ordering C to lend KRW 50,000,000, out of the money that the Defendant lent to D, from among the money that he lent to D.

2. The defendant asserts that there is no fact that he borrowed KRW 50,000 from the plaintiff.

The Plaintiff submitted the evidence No. 1.

The Gap evidence No. 1 is prepared by C, and the content is "I confirm the fact that A lends O million won at the request of B. There is a fact that O million won has been remitted by the confirmr (C), and I confirm the submission and validity of any civil and criminal data related to the above fact and prepare a written confirmation."

C was present as a witness and stated that “No fact exists or memory exists that borrowed KRW 50,00,000 to the Defendant according to the direction of the Plaintiff,” and stated that it was a condition that the head of the office of a certified judicial scrivener office, who is the Plaintiff’s seat, did not submit it to the court, in relation to the preparation of evidence No. 1.

The testimony of Gap evidence 1 and Eul alone is insufficient to recognize the facts of the cause of the claim, and there is no evidence to prove otherwise.

(3) If the plaintiff's claim of this case is without merit, it shall be dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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