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(영문) 제주지방법원 2017.10.24 2016가단9932
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On November 30, 2015, the Plaintiff loaned a total of KRW 46 million to the Defendant, including KRW 10 million on November 12, 2015, KRW 6 million on November 14, 2015, and KRW 30 million on December 2, 2015. On November 30, 2015, the Defendant paid only KRW 12 million to the Plaintiff and did not repay the remainder of KRW 34 million.

Therefore, the Plaintiff seek against the Defendant the payment of the above KRW 34 million and damages for delay.

2. Although there is no dispute between the parties that the Plaintiff lent KRW 10 million to the Defendant on November 12, 2015, regarding the determination on the claim for KRW 12 million as of November 12, 2015, the Plaintiff is a person who received reimbursement from the Defendant on November 30, 2015, including the above KRW 10 million, and thus, the Plaintiff’s assertion on this part cannot be accepted.

3. According to the evidence Nos. 1-1, 2, and 2-1 of the judgment on the claim for a loan of KRW 6 million as of November 14, 2015, the fact that KRW 6 million has been withdrawn from the Plaintiff’s account in the Plaintiff’s account in his/her name on November 14, 2015 can be acknowledged. However, the above recognized facts, the evidence Nos. 3, 4-1 through 7, and the witness D’s testimony alone are insufficient to acknowledge the fact that the Plaintiff lent KRW 6 million to the Defendant on November 14, 2015, and there is no other evidence to acknowledge this, the Plaintiff’s assertion on this part cannot be accepted.

4. Although there is no dispute between the parties that the Defendant received KRW 18 million from the Plaintiff on December 2, 2015, as to the claim for a loan of KRW 30 million on December 2, 2015, the Plaintiff was returned from the Defendant on the same day.

On December 2, 2015, the Defendant alleged that the Plaintiff returned KRW 17 million after deducting KRW 1 million from the previous Defendant’s loan to the Plaintiff, among the above KRW 18 million, to the Plaintiff. The Plaintiff appears to have been returned from the Defendant to the same purport.

On the other hand, the Plaintiff’s legal representative, through a preparatory document dated August 17, 2017, is before the Plaintiff.

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