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(영문) 대전지방법원 2016.01.21 2015가단2826

계금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Progress of this case

A. On July 17, 2014, the Plaintiff subscribed to the Serial system operated by the Defendant (hereinafter “instant system”) and filed the instant lawsuit against the Defendant seeking KRW 15,000,000 and delay damages therefrom, claiming that the Defendant received the following loan certificates (Evidence A 2; hereinafter “instant loan certificate”) from the Defendant on June 5, 2005, on June 5, 2005.

The next certificate of KRW 15,00,000 was borrowed by the plaintiff A (the plaintiff) on May 15, 2005.

June 5, 2005

B. Accordingly, while recognizing the fact that the Defendant did not pay KRW 15,00,000 to the Plaintiff and the fact that the Defendant prepared the instant loan certificate, the Plaintiff asserted that the Plaintiff paid KRW 12,80,000 to the Plaintiff. On December 29, 2014, the Plaintiff extended the purport of the claim to seek payment of KRW 15,000,000 for loans based on the instant loan certificate, and KRW 27,540,000 for loans not paid by the Defendant, and KRW 42,540,00 for total amount not paid by the Defendant (= KRW 15,000,000 for loans KRW 27,540,000 for losses for delay) and for the payment of damages for delay.

2. Determination as to loan claims

A. The plaintiff's assertion 1) from around 2002 to around 2000, or 2,000,000 won with interest rate of 2% per month, while he lent 2,00,000 won to the defendant on April 15, 2004, 3,000,000 won on April 20, 2004, and 1,000,000 won on June 16, 2004, respectively, and the plaintiff was repaid 1,00,000,000 won from the defendant on June 23, 2004.

3) Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 15,00,000 and the damages for delay at the rate of KRW 20% per annum from October 3, 2014 to the day of full payment, which is the day following the delivery date of a copy of the instant complaint. (B) According to each of subparagraph 2, subparagraph 3-1, and subparagraph 3-1, the Plaintiff is obligated to pay to the Defendant the amount of KRW 2,00,000 as of April 15, 2004, and KRW 3,00,000,000 as of April 15, 2004, and KRW 3,00,000 as of April 15, 200.