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(영문) 광주지방법원 2017.03.10 2016가단40540
대여금
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff asserted that C, the former wife of the Defendant, requested the Defendant to lend money to KRW 31,50,000,000 to the Defendant’s account, and the Defendant knew of such fact. The Defendant paid interest to the Defendant’s bank account several times, and the Defendant was also liable to pay the said loan to the Plaintiff.

Therefore, the defendant is entitled to the repayment of the above loan.

B. The fact that the Plaintiff lent KRW 31,500,000 to C, the Defendant’s former wife, is not a dispute between the parties.

However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant promised to repay the above loan to the Plaintiff, and there is no other evidence to acknowledge it otherwise.

2. According to the 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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