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(영문) 울산지방법원 2016.04.19 2015가단61087
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 Plaintiff lent KRW 26 million to the Defendant without separately stipulating the due date for repayment of KRW 20 million on July 3, 2012, and KRW 6 million on July 4, 2012.

Comprehensively taking account of the purport of Gap evidence 1-1 and 2-2’s statement, the Plaintiff may recognize the fact that the Plaintiff remitted the Plaintiff’s wife’s wife’s account to the Defendant’s account on July 3, 2012 and KRW 26 million on July 4, 2012.

However, in light of the following circumstances, which can be known by the statements in Gap evidence Nos. 2 and 3, it is not sufficient to acknowledge the fact that the plaintiff lent KRW 26 million to the defendant only with each statement in Nos. 1-1 and 2-2, and there is no other evidence to acknowledge it.

① On September 25, 2015, the Plaintiff filed a criminal charge against the Defendant with an investigative agency regarding the above remittance, but the prosecutor of the Ulsan District Prosecutors’ Office decided on September 25, 2015 to not prosecute the Defendant on the ground that there was disagreement between evidence and evidence.

② At an investigative agency, the Defendant stated that “The Plaintiff received KRW 26 million from the Plaintiff as a share capital and made a share investment. The Plaintiff wanted to make an investment on behalf of the Defendant, and received the said money from the Defendant for the purpose of providing profits to the Plaintiff by making an investment on behalf of the Plaintiff, and there was no agreement on the repayment of principal or interest.”

③ The Plaintiff confirmed that the Defendant’s statement was suitable to the Defendant’s ② to the investigative agency.

Therefore, the plaintiff's claim is dismissed as there is no reasonable ground.

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