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(영문) 서울남부지방법원 2016.08.25 2015가단234019
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. According to the evidence No. 2-1 through No. 4, the following facts can be acknowledged: (a) the Plaintiff remitted to the Defendant KRW 50 million on February 13, 2015; (b) KRW 22 million on March 20, 2015; (c) KRW 31.327 million on March 31, 2015; and (d) KRW 19 million on April 30, 2015 (hereinafter “the instant money”).

2. As to the plaintiff's assertion, the plaintiff lent the money of this case to the defendant in the first place, and the defendant alleged in the first place that he obtained unjust profits and inflicted damages on the plaintiff by receiving the money of this case without any legal ground, so it is difficult to recognize the plaintiff's assertion only with the items of subparagraphs 3 and 6, and there is no other evidence to acknowledge it. Thus, all of the plaintiff's assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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