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(영문) 의정부지방법원 2019.01.23 2017가단116562

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In full view of the purport of the arguments in Gap evidence Nos. 1 and 3 and the testimony of the witness C, the defendant around July 2007: "The above amount is KRW 100 million, the above amount is kept from July 23, 2007 to September 23, 2007, and the cash custody certificate (Evidence No. 1; hereinafter "the cash custody certificate of this case") and "the debtor, the defendant, the daily payment, the above amount are 100 million won, the above amount are 5% of the principal and interest; the principal and interest payment are to be repaid on the 23th day of each month; the principal and interest payment are to be repaid on the 3th day of each month on the 23th day of the month; the creditor shall lose the interest of the principal and interest payment; the creditor shall, upon request for the balance of the principal and interest payment, prepare the above loan certificate and deliver it to the defendant 270 billion won and 3700 days of the letter of delegation, respectively."

2. Determination as to the cause of action

A. On July 23, 2007, the Plaintiff asserted that the Plaintiff leased KRW 30 million to the Defendant on September 23, 2007 with the due date set at September 23, 2007, and thus, the Defendant is obligated to pay the Plaintiff KRW 30 million and delay damages.

B. The following circumstances, which are acknowledged as comprehensively considering the aforementioned evidence and witness testimony of the witness C, namely, the name, resident registration number, and telephone number of C in the creditor column of the loan certificate of this case, and the creditor column of the letter of delegation of this case include C’s name in the creditor column of the letter of delegation of this case. It is recognized that each of the above loan certificate and proxy C’s name is stated, but the above plaintiff’s name is also stated.