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(영문) 서울남부지방법원 2021.02.04 2019가단239623
대여금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff’s KRW 50 million to the Defendant on February 1, 2016, and the same month.

5. A loan of KRW 30 million in total, KRW 15 million in total, and KRW 18.25 million in the same month.

On October 31, 2016, the Defendant repaid only KRW 20 million to the Plaintiff.

Therefore, the defendant is obligated to pay to the plaintiff KRW 85 million and delayed damages.

B. The Plaintiff, not the Defendant, lent KRW 150 million to D, a representative director of which the Defendant was the Defendant, to the Defendant.

Therefore, the defendant is not obligated to repay the above debt.

2. According to the evidence No. 2 of the judgment of the court below, the defendant remitted the plaintiff KRW 20 million to the plaintiff.

The remaining amount and schedule shall be as soon as possible be prepared in the soon as possible.

It is not enough to recognize that the Plaintiff lent the above KRW 15 million to the Defendant, not a stock company, even though it is recognized that he sent text messages, and there is no other evidence to acknowledge it.

3. As such, the plaintiff's claim is dismissed as it is without merit.

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