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(영문) 울산지방법원 2018.03.29 2017가단56300

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On June 28, 2012, the Plaintiff’s summary of the Plaintiff’s assertion was determined and lent KRW 200,000,000 to the Defendant on June 30, 2013 at an annual interest rate of 15%, and thus, the Defendant is obligated to return the principal and interest of the loan.

2. In light of the following circumstances acknowledged by the records of the instant case, the evidence alone presented by the Plaintiff is insufficient to acknowledge the fact of lending the Plaintiff’s assertion, and there is no other evidence to prove otherwise.

On June 28, 2012, the Plaintiff deposited KRW 200,000,00 as the Defendant’s passbook on June 28, 2012, and the fact that the Defendant received KRW 35,000,000 in total from C, D, and E from July 2012 to January 2013 is recognized, but the Defendant delivered the above passbook to C, and only received KRW 35,00,000 under the Plaintiff’s understanding on the introduction cost.

B. Although KRW 200,000 is a large amount, there is no document supporting the above lending between the Plaintiff and the Defendant, such as a loan certificate, etc.

C. The Plaintiff filed a complaint regarding the loan of KRW 200,000,000 around July 2013, and the Defendant did not file a complaint.

The plaintiff pointed out that at the time when the police was investigated by the police on August 6, 2013 in the above accusation case, the above 200,000,000 won was deposited in the defendant's passbook, and that "I do not know whether the defendant borrowed not by the forum but by the loan of the defendant."

Of course, the defendant will borrow money and request it.

However, after the Defendant received money from the money from the money and thereafter delivered the passbook and seal KRW 200,00,000 deposited to C to the money, it is known to the author that “It is well known that the Plaintiff would lend the money not to lend it, but to lend it.” After the lapse of the time, C lends money to the money from the money to the author.