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(영문) 창원지방법원마산지원 2016.04.27 2015가단4781
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 17, 2014, Nonparty C borrowed KRW 145,20,000 from the Plaintiff as the introduction of the Defendant on February 17, 2014, at the rate of 3% per month and on April 17, 2014.

B. On February 18, 2014, the Plaintiff completed the registration of the establishment of a neighboring mortgage with respect to 5,240 square meters (which was divided into 3,989 square meters prior to D, October 14, 2014, and 1,251 square meters prior to E, and 4,000 square meters prior to the division owned by C, and 208,000,000 won with respect to 3,989 square meters prior to E, and 1,251 square meters prior to the same Gun.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4 through 6, Eul evidence No. 2 (including provisional number) and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The plaintiff asserts that since the defendant agreed that he will be responsible for the repayment of the above loan, the plaintiff is obligated to pay the above loan amount of KRW 145,200,000, interest and delay damages to the plaintiff.

B. Therefore, according to the overall purport of evidence Nos. 1, 10, and 11 and witness C’s testimony and arguments, the Plaintiff deposited KRW 145,200,00 in the deposit account under the name of the Defendant on February 17, 2014; ② the Defendant deposited KRW 2,00,00 in the deposit account under the name of the Plaintiff on April 23, 2014; ③ the Defendant exchanged with the Plaintiff on February 15, 2014 and exchanged with the Plaintiff on February 15, 2014, “the Plaintiff: the Plaintiff was responsible for the Plaintiff’s debt; the Plaintiff was responsible for the Plaintiff: the Plaintiff: the Plaintiff’s document; and if so, the Plaintiff’s copy of the register was confirmed; the Defendant did not return the loan amount to the Defendant; and ④ The Defendant did not return the loan amount to the Defendant, and the Defendant did not return it to the Defendant.

An interpretation of a juristic act shall be made by the parties.

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