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(영문) 창원지방법원 2015.12.24 2015가합1604
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion that the defendant is a party to politics. First of all, the plaintiff's request was made to arrange for the assistant position at the plaintiff's expense, and the plaintiff introduced many sponsors to the defendant, and made a mountain conference centering on the politicians, and helps the defendant to register the defendant as a publisher in the magazine, and all of the expenses were borne by the plaintiff.

Accordingly, the defendant prepared a loan certificate (No. 1) stating that 300 million won shall be paid in return for the above efforts of the plaintiff at spring in 2014 and delivered it to the plaintiff. Accordingly, the plaintiff sought the above 300 million won and damages for delay against the defendant.

2. According to the statement in Gap evidence No. 1, it is recognized that the defendant prepared a loan certificate stating the loan amount of KRW 300 million and KRW 7% per annum on September 13, 201 as of the date of repayment on September 13, 201 (hereinafter “the loan certificate in this case”) and delivered it to the plaintiff.

① However, there is no specific evidence as to how and how expenses were actually paid by the Plaintiff while aiding and abetting the Defendant. ② As to what was made on September 13, 201, before the date of borrowing or repayment of this loan was actually made on October 12, 2013, the date of borrowing or repayment of this loan, the Plaintiff did not explain the specific reasons, but on the contrary, the Defendant did not receive the principal and interest KRW 250,000,000,000, which the Defendant lent to pro-Japanese around 2008, as it did not collect this, the Plaintiff prepared the instant loan certificate by directly receiving money from the Defendant as the Defendant’s creditor and demanded C only or the Plaintiff to receive money directly. However, in full view of the above facts, C’s statement (Evidence No. 1) and No. 8, it is argued that the Plaintiff refused to pay the above debt, and accordingly, it corresponds to the loan certificate.

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