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(영문) 수원지방법원안산지원 2015.04.10 2014가단109440
어음금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff asserted that the Plaintiff lent KRW 30,000,000 to the Defendant via the Defendant’s friendship C and D on August 30, 201, KRW 15,000,000 to the Defendant around October 7, 201, ③ KRW 4,000,000 on November 11, 201, ④ KRW 3,000,000 on December 12, 201, and KRW 52,00,000 on a total of KRW 43,00,000 to the Plaintiff by November 31, 2013.

Therefore, the Defendant is obligated to pay to the Plaintiff interest and delay damages calculated by the rate of 36% per annum, which is the interest rate under the agreement, from February 1, 2013 to the date of full payment, from February 1, 2013, which is the day after the date of full payment, to the day of full payment.

B. Determination 1) On August 30, 2011, the Defendant loaned KRW 30,000,000 (hereinafter “instant loan”) to the Plaintiff on or around August 30, 201, on the grounds that there is no dispute between the parties as to the fact that the Plaintiff loaned KRW 30,000,000 to the Defendant through D through his agent around August 30, 201.

(2) The evidence submitted by the Plaintiff on October 7, 201, Nov. 11, 201, and Nov. 12, 2011) alone is insufficient to recognize that the Defendant granted the right of representation to C or D separately from the instant loan and received a loan of KRW 22,00,000 from the said agent through the said agent, and there is no other evidence to acknowledge otherwise, the Plaintiff’s claim for this portion of the loan is without merit (the witness acquired 15,00,000 won from the Plaintiff to his account under his name on October 7, 2011, and it is recognized that the Plaintiff testified that he was the Defendant’s agent at that time, and that at that time, the Plaintiff lent 22,00,000 won to the Plaintiff through the instant loan, and that at that time the Defendant lent 30,000,000 won to the Defendant’s account on behalf of the Plaintiff at that time).

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