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(영문) 인천지방법원부천지원 2015.01.14 2013가합9405

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On November 28, 2003, when lending KRW 90,000,00 to the Defendant on November 28, 2004, the Plaintiff paid KRW 150,000,000, including interest rate of KRW 60,000,000 to the above leased principal until November 28, 2004. The Defendant paid KRW 34,000,000 among them up to now, and the Defendant is obligated to pay the Plaintiff the remainder of KRW 116,00,00.

2. According to each of the records in Gap evidence Nos. 4 and 7 (including each number for those with additional numbers), it is recognized that the plaintiff received KRW 34,000,000,000 from C on November 29, 2013 and September 5, 2014 from D, and KRW 3,000,000 on January 27, 2014 and June 26, 2014, respectively.

However, in light of the following circumstances revealed in addition to the purport of the entire pleadings, i.e., (i) the Plaintiff and the Defendant did not completely prepare a monetary loan agreement, loan certificate, or receipt; (ii) whether the Plaintiff actually paid KRW 90,000,000 to the Defendant on November 28, 2003; and (iii) whether C and D paid KRW 34,000,000 to the Plaintiff to pay the above loan on behalf of the Defendant on behalf of the Plaintiff; and (iv) it is not clear whether the Plaintiff paid KRW 34,00,00 to the Plaintiff to the Plaintiff to pay the above loan on behalf of the Defendant. In light of the following circumstances, it is insufficient to acknowledge that the written evidence of subparagraphs 1 through 7 alone concluded a monetary loan agreement or a monetary loan agreement of KRW 150,00,000 with the content asserted by the Plaintiff between the Plaintiff and the Defendant; and there is no evidence to

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