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(영문) 춘천지방법원강릉지원 2016.05.11 2015가단7653
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserts that he lent a total of KRW 23,00,000 to the Defendant seven times from August 2009 to October 2009, the Plaintiff sought payment of the said money from around August 2009 by means of remitting it to the Defendant’s account under the name of the Defendant.

In this regard, the defendant did not borrow money from the plaintiff, and the defendant's wife only stated that the defendant's wife had a passbook in the name of the defendant to receive a loan from C, but C borrowed money from the plaintiff using the above passbook.

2. According to the statement in Gap evidence No. 1, it is recognized that the plaintiff deposited a total of KRW 23,000,000 in the defendant's account under the name of the defendant for seven times from August 6, 2009 to October 8, 2009.

However, the Plaintiff borrowed money from the Plaintiff solely on the ground that: (a) the Plaintiff received a demand from C to lend money from C and deposited money to the account under the name of the Defendant known by C; and (b) the Defendant merely borrowed money from the Plaintiff.

It is difficult to recognize that a joint and several surety has been granted for the borrowed money of or C, and there is no other evidence to recognize it.

Therefore, the plaintiff's assertion is without merit.

3. The plaintiff's claim for conclusion is without merit.

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