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(영문) 부산지방법원 2014.12.16 2014가단27049

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The party's assertion and judgment

A. The Plaintiff asserted that the Plaintiff, on June 20, 2013, lent to the Defendant the amount of KRW 25 million on equal repayment of principal and interest, 60 months of loan period, 24.90% of loan interest rate, and 29.00% of overdue interest rate, and thus, the Defendant is liable to pay to the Plaintiff the balance of loan 24,345,908 and the agreed delay damages.

On the other hand, the defendant asserts that the loan agreement of this case was not liable for repayment because B, one of the defendant, borrowed by stealing the name of the defendant.

B. According to the overall purport of the pleadings, it is recognized that B, who is the defendant's words, without dispute, prepared a loan agreement (Evidence A No. 1) by stealing the defendant's name on June 20, 2013 and obtained a loan of KRW 25 million from the plaintiff.

Therefore, the plaintiff's assertion of this case based on a forged loan agreement is without merit.

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