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(영문) 서울북부지방법원 2014.07.25 2012가단23532

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The purport of the Plaintiff’s assertion is that if the Defendant borrowed money from the lending company to the Plaintiff, the Defendant will be responsible for all of the interest of the lending company. Thus, the Plaintiff received money from the lending company and lent money to the Defendant as a total of KRW 14 million on June 14, 2007, KRW 350 million on August 22, 2008, KRW 100 million on January 9, 2009 (the above three cases were lent by the Plaintiff with a loan from the lending company at 60% on a yearly basis), KRW 7 million on October 30, 209 (the Plaintiff borrowed money from the lending company at 36% on a yearly basis), and KRW 295 million on November 10, 209 (the Plaintiff borrowed money from the lending company at 43.5% on a yearly basis).

Therefore, the defendant is obligated to pay to the plaintiff the total amount of the above loans KRW 29.5 million and the amount equivalent to the interest that the plaintiff should pay to the lending company.

2. As to the Plaintiff’s assertion on the above loan, the Defendant asserts that the above amount claimed by the Plaintiff is not only a loan made by the Plaintiff to the Defendant to the Defendant, but also a loan made to the Defendant, and there is no other evidence to acknowledge the loan only with respect to whether or not the Plaintiff lent the above money to the Defendant.

Therefore, the plaintiff's above assertion based on the premise that the plaintiff lent the above money to the defendant is without merit.

3. The plaintiff's claim is dismissed.