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(영문) 서울서부지방법원 2019.11.29 2019가단8545
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The assertion and judgment

A. The summary of the Plaintiff’s assertion is the person who managed the insurance purchased by D, the wife of the Plaintiff, at the time of serving as C designer.

In this regard, the defendant, among others, promoted D to the E site location where he was in fathercheon, and when he paid KRW 30 million to VIP customers, he paid KRW 30 million after six months, and D deposited KRW 30 million with the defendant's account on July 3, 2017.

Since then, the Defendant deposited KRW 10 million and KRW 20 million with the Defendant’s account, D deposited KRW 10 million with the Defendant’s account on September 13, 2017 and KRW 20 million on March 28, 2018.

If the Defendant gains access to the Plaintiff and transfers KRW 30 million to the Plaintiff by the end of July 2018, the Plaintiff deposited KRW 30 million with the Defendant’s account on March 2, 2018, and the Defendant demanded KRW 30 million from May 9, 2018 and deposited KRW 30 million with the Defendant’s account on May 9, 2018.

The Defendant, as the Plaintiff and D demanded the repayment of KRW 120 million, prepared a loan certificate of KRW 120 million (Evidence A 1), but did not pay this up to the date.

Therefore, the defendant is obligated to pay to the plaintiff KRW 120 million and damages for delay.

B. The evidence No. 1 (Evidence) submitted by the Plaintiff as evidence only states that the Defendant borrowed KRW 120 million from D, and that he/she would repay the above money on April 30, 2019. Thus, even if the Plaintiff is the husband of D, it is insufficient to recognize that the Plaintiff, not the above evidence alone, has the right to seek payment of KRW 120 million to the Defendant, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's above assertion is without merit.

2. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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