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(영문) 수원지방법원 안양지원 2018.06.20 2017가단102424
대여금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The Plaintiff asserts that he lent KRW 33 million to the Defendant on November 11, 2014, and thus, it is not sufficient to recognize the primary claim only with the descriptions (including the number of branches) of the lives, Gap evidence Nos. 1 through 3, Eul evidence Nos. 7 and 8, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s assertion is without merit.

2. On November 11, 2014, the Plaintiff’s determination on the conjunctive claim did not conflict between the parties to a dispute regarding the account transfer of KRW 33 million to the account under the name of the Defendant.

Since the above account transfer was repaid to the Defendant due to the Plaintiff’s mistake, the Defendant asserts that the amount equivalent to the above transfer amount is obligated to return it as unjust enrichment. Thus, the Plaintiff’s assertion is without merit, since there is no evidence to acknowledge that the Plaintiff repaid the Plaintiff’s debt due to mistake.

3. All of the plaintiff's claims are without merit, and they are dismissed. It is so decided as per Disposition.

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