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(영문) 인천지방법원 2016.04.07 2015가단250214
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 and 2:

The plaintiff is a family principal of the year 1966 and the defendant was a golf Leson as a student in 1982.

B. On May 2005, the Plaintiff received a golf leson from the Defendant in the golf driving range located in Gangwon-do, Gangwon-do. Around that time, the Plaintiff developed into a Buddhist relationship.

C. Around October 28, 2005, KRW 13,101,00 was transferred from the Plaintiff’s account to the Defendant’s bank account, and thereafter, KRW 232,057,920 was transferred in total over 95 times from June 14, 2015.

Meanwhile, around August 12, 2009, KRW 1,300,000 was transferred from the Defendant’s account to the Plaintiff’s account, and thereafter, KRW 61,450,000 was transferred in total over 22 occasions from June 9, 2015.

2. The assertion and its judgment

A. The Plaintiff’s assertion asserts that the Plaintiff loaned KRW 232,057,920 to the Defendant, who became aware of the golf leson’s qualification for the player, and paid KRW 61,450,00 to the Plaintiff for the loan of KRW 232,057,920. As such, the Defendant claimed that the remainder of the leased principal should be paid to the Plaintiff as well as damages for delay.

B. Even if there is no dispute between the parties to the relevant legal principles as to the fact that the amount is received, the plaintiff asserts that the cause of the receipt is a loan for consumption, and if the defendant asserts that the receipt is a loan for consumption and the cause of the receipt is disputed, the plaintiff bears the burden of proving

(See Supreme Court Decision 72Da221 delivered on December 12, 1972). In addition, whether the act of paying money unilaterally continued to the same other party constitutes a gift should be determined by comprehensively taking into account the relationship between the parties, the total amount of money, the period and amount of receiving money, the circumstances of receiving money, the attitude and circumstances of the parties before and after the payment of money, etc.

C. Determination Dok, Eul evidence 1.

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