logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원평택지원 2016.01.06 2015가단12920
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion and determination sought the return of the said money by asserting that the Plaintiff lent the sum of KRW 21,437,11 to the Defendant from November 3, 2014 to July 27, 2015.

B. According to the records in Gap evidence No. 1, the plaintiff's transfer of KRW 21,437,11 to the defendant during the above period is recognized, but the above facts alone are insufficient to deem that the plaintiff lent the above money to the defendant, and there is no other evidence to acknowledge it. On the other hand, the plaintiff did not dispute between the plaintiff and the whole purport of the oral argument, and the following circumstances, i.e., the defendant, who had been working in a singing room, was allowed to talk with the defendant who had no choice but to work in a singing room, due to economic circumstances, such as the plaintiff's burden of expenses of the mother's hospital, etc., and they developed into a tobacco relationship with the defendant. The plaintiff seems to have paid money to the defendant from time to time during the above period in order to boost the defendant's sense. The plaintiff seems to have not demanded the return of the above money to the defendant, and the plaintiff was unable to recover the relationship with the defendant, and thus, the plaintiff's assertion that the plaintiff transferred money to the defendant or the defendant's donation was difficult.

On the other hand, although the record submitted by the plaintiff after the closing of argument in this case contains the purport of recognizing the fact of borrowing by the defendant, in light of the relationship between the plaintiff and the defendant, the contents of the above record, and the records of the recording that recorded conversations at a similar time, it is insufficient to recognize the plaintiff's assertion in addition

The plaintiff.

arrow