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(영문) 서울중앙지방법원 2020.11.26 2020가단5163615

대여금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The gist of the Plaintiff’s assertion was around May 2, 2013 upon request from C, a director of the Defendant, to lend KRW 100 million to the Defendant on May 23, 2013, and on May 24, 2013, the Plaintiff lent KRW 100,000,000,000 to the Defendant.

However, the Defendant only paid the amount equivalent to the interest or delay damages incurred until March 24, 2019 with respect to the above loan, and did not pay the loan principal of KRW 100 million and the interest or delay damages incurred from March 24, 2019 with respect to the above loan amount of KRW 100 million and the above loan amount of KRW 100 million from March 25, 2019 to the date of full payment. Thus, the Defendant seek against the Defendant for the payment of delay damages calculated at the rate of 2% per month, which is the rate of KRW 100 million and the above loan amount

2. On the basis of the judgment, the evidence presented by the Plaintiff alone is insufficient to acknowledge that the Plaintiff lent the above KRW 100 million to the Defendant, and there is no other evidence to prove otherwise.

(The Plaintiff submitted a written withdrawal of the instant lawsuit against the Defendant on September 21, 2020, but the Defendant consented to the withdrawal of the said lawsuit by the Plaintiff). Rather, according to each of the loan certificates and evidence Nos. 1 and 2 submitted by the Plaintiff, the Plaintiff appears to have lent the said KRW 100 million to C, who was a director of the Defendant at the time of not being the Defendant, at the time of not being the Defendant.

Therefore, the plaintiff's assertion on the premise that the plaintiff lent the above KRW 100 million to the defendant is without merit.

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