(영문) 대구지방법원포항지원 2015.09.01 2015가단2544

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(영문) 대구지방법원포항지원 2015.09.01 2015가단2544

대여금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff alleged that the plaintiff lent KRW 20,000,000 to the defendant on May 2, 2007 at the maturity of August 10, 2007 and at the rate of 60% per annum. On August 7, 2007, the plaintiff loaned KRW 20,000,000 to the defendant at the maturity of November 17, 2007 and at the interest rate of 30% per annum. The defendant claimed that only three-month interest was paid for the loan on May 2, 2007, and only one-month interest was paid for the loan on August 7, 2007, and that the principal and interest was not paid.

2. According to the evidence No. 1-1 and No. 2 of the judgment, each loan certificate stating the contents of each loan claimed by the Plaintiff exists, each of the above loan certificate consists of the name and seal of Defendant B in the debtor column, and the fact that the address, telephone number, and resident registration number are indicated can be acknowledged.

However, there is no other evidence to deem that the Defendant actually prepared each of the above loans or affixed a seal imprint directly, and the Plaintiff claimed as the date of the loan. The same year as of May 2, 2007.

8.7. The plaintiff did not transfer each amount of KRW 20,000 to the defendant, and the plaintiff asserts that at the time when he lent money to the defendant, he withdrawn cash in use of the passbook C that is the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the living of the living of the living of the living of the living of the living of the living of the living of the defendant, but according to the evidence No. 2 submitted by the plaintiff in response to the request

8. Of the withdrawn money up to July, the Plaintiff lent to the Defendant the total sum of KRW 60,470,000, and there is no evidence to deem that the withdrawn money was actually delivered to the Defendant as well as the amount claimed by the Plaintiff. The Plaintiff submitted the evidence No. 3 by asserting that the Plaintiff received interest on each of the above loans from the Defendant with the passbook affiliated with the Defendant. According to the statement No. 3, according to the evidence No. 3, the Defendant’s account from October 2, 2006 to the Defendant’s account.

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