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(영문) 서울중앙지방법원 2015.01.08 2014가단177663
대여금
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The plaintiff's assertion made a loan of KRW 72 million to the defendant as the sum of KRW 30 million on September 2, 2004 and KRW 42 million on April 7, 2009. Thus, the defendant is obligated to pay the above KRW 72 million to the plaintiff and delay damages.

Even if the Defendant did not borrow money from the Plaintiff, but borrowed money from the Defendant’s husband, C.

However, since C’s above obligation to return the principal and interest of the Plaintiff’s loan is due to ordinary work, the Defendant is jointly and severally liable to the Plaintiff with C.

Therefore, the defendant is obligated to pay to the plaintiff the above 72 million won and damages for delay.

2. According to the reasoning of the Plaintiff’s assertion, the facts of transfer of KRW 30 million from the deposit passbook in the name of the Plaintiff to the passbook in the name of the Defendant, and KRW 42 million from April 7, 2009, respectively, can be acknowledged, respectively.

However, as otherwise alleged by the Plaintiff, it is insufficient to recognize that the Plaintiff borrowed KRW 72 million from the Plaintiff and that the Defendant’s husband C borrowed KRW 72 million from the Plaintiff and that it was the obligation with respect to the daily home affairs between the Defendant and C, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's above assertion is without merit.

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

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