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(영문) 창원지방법원 2019.04.30 2018가단111437
대여금 등 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff asserted that: (a) the Plaintiff lent KRW 98 million to the Defendant totaling KRW 36 million on August 6, 2015; (b) KRW 39 million on December 16, 2015; and (c) KRW 98 million on November 9, 2017.

B. The plaintiff and the defendant alleged that they received money as an economic support for each other while living together with the defendant as a partnership relationship. The plaintiff's transfer of a sum of KRW 98 million to the defendant is not a loan, but is close to the donation.

The Defendant also paid the Plaintiff KRW 120 million in total from February 19, 2016 to February 26, 2018.

2. According to the statements in Gap's evidence 3-5, Gap's evidence 4-3 and 16, it is recognized that the plaintiff remitted a total of KRW 100 million to the deposit account in the defendant's name (i.e., KRW 36 million) on August 6, 2015, ② KRW 39 million on December 16, 2015, ③ November 9, 2017.

On the other hand, according to the overall purport of Gap evidence Nos. 3, 4, 5, 6, 10, and Eul evidence Nos. 2 and 3 (including each number), the plaintiff and the defendant living together with the defendant as motive for the elementary school in 2015, and they were given money to the defendant several times.

In full view of the above circumstances, it is insufficient to recognize that the Plaintiff has lent the above money to the Defendant solely based on the fact that the Plaintiff remitted the money as above, and there is no evidence to acknowledge the Plaintiff’s assertion

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is without merit.

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