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(영문) 수원지방법원안양지원 2014.09.23 2013가단19173
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff alleged by the parties, from December 6, 2007 to 2008

5. The defendant asserts that he was liable to pay the plaintiff a loan of KRW 34,000,000 and delay damages for the period up to 20.0,000. The defendant asserts that the above amount is not a loan to the defendant.

2. The fact that the Plaintiff, on December 6, 2007, remitted the Defendant KRW 1,000,000 on December 17, 2007, KRW 3,000,000 on December 17, 2007, KRW 200 on January 28, 2008, KRW 25,000 on January 28, 2008, KRW 1,000,000 on February 18, 2008, KRW 1,000 on March 17, 200, KRW 1,000,000 on March 17, 208, KRW 1,000 on April 17, 2008, KRW 1,000 on May 20, 2000, KRW 300 on May 30, 2000 on the part of the parties.

However, the above facts alone are insufficient to recognize the fact that the money remitted by the plaintiff to the defendant is a loan, and the witness C's testimony did not directly have the defendant, and did not hear the opinion that the plaintiff paid 1,000,000 won to the defendant each month, and only was the testimony that the plaintiff lent 30,000,000 won to the defendant, and it was the testimony that the plaintiff did not receive a large amount of money subsequent to the loan to the defendant, and therefore, even if the above testimony was presented, it is insufficient to recognize the plaintiff's assertion, and there is no evidence to prove it otherwise.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

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