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(영문) 서울중앙지방법원 2015.05.14 2014나50523
대여금
Text

1. Of the judgment of the court of first instance, the Defendant 21,700,000 won and its related thereto from March 23, 2014 to May 14, 2015 to the Plaintiff.

Reasons

1. In full view of the purport of Gap evidence Nos. 1 and 3 as to the cause of the claim and the purport of all the arguments, the plaintiff loaned to the defendant the sum of KRW 5,000,000,000 on March 25, 2008, KRW 10,000 on May 28, 2008, KRW 5,000,000 on July 18, 2008, and KRW 55,00,000 on August 7, 2008 without setting interest and maturity period. The plaintiff opened an offer installment savings (Account Number (Account Number) in the name of the plaintiff and lent KRW 10,000 on October 27, 207 to April 27, 209, the plaintiff did not claim that KRW 60,000 on deposit in excess of KRW 10,000 on deposit basis, KRW 70,000 on deposit basis.

Unlike the above money, the Plaintiff lent KRW 9,900,00 to the Defendant on May 29, 2008. ② On June 16, 2010, the Defendant concluded a sales contract with Kimpo-si D apartment Nos. 1111 and 2004 (hereinafter “D apartment”) (hereinafter “D apartment”). On June 16, 2010, the Plaintiff transferred KRW 10,000 to F who was the seller on June 16, 2010, and lent KRW 10,000 to the Defendant. ③ The Plaintiff received a loan from the Defendant on March 24, 2008, and agreed that the Defendant would pay the above interest to the Defendant on March 25, 2008, but the Defendant did not pay the above KRW 10,000,000 to the Plaintiff on April 21, 2008 to 209, 209, 2009.

Therefore, in light of the Plaintiff’s assertion of loan KRW 9,900,00, the Plaintiff’s assertion of loan KRW 2,70 is insufficient to accept the Plaintiff’s assertion of loan KRW 9,90,00. The Plaintiff’s assertion is without merit, and there is no other evidence to acknowledge it.

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