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(영문) 수원지방법원성남지원 2019.09.10 2019가단200064
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff asserts that the delivery of a total of KRW 41,50,000 to the Defendant, who had been on the eight occasions from May 2018 to September 2018, is without dispute between the parties. The Plaintiff asserted that the said money was lent at the Defendant’s request, and the Defendant asserted that the Plaintiff was a donation made by the Plaintiff.

When the Defendant contests the Plaintiff’s assertion that a loan was made even if the amount of money was recognized, the Defendant shall prove that the cause of the loan for consumption was based on the loan for consumption (see, e.g., Supreme Court Decision 2013Da73179, Sept. 15, 2015); and it is difficult to recognize that the said money was a loan solely on the statement of the evidence No. 2, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim of this case is dismissed.

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