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(영문) 부산지방법원 2017.08.31 2016나13250
대여금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff asserted that: (a) the Plaintiff lent KRW 5,00,000 to the Defendant on November 12, 2013 at the interest rate of KRW 5% per month; and (b) the due date of repayment on November 12, 2014; and (c) the Plaintiff lent KRW 4,00,000 on November 29, 2013 at the interest rate of KRW 5% per month; and (d) the due date of repayment on June 2014.

Therefore, the defendant is obligated to pay the plaintiff the total amount of the above loans KRW 9,000,000 and damages for delay.

B. On the other hand, there are evidence as shown in the Plaintiff’s assertion, but the Defendant did not prepare it and denied the establishment of the petition. The Defendant did not dispute between the parties, and there is no other evidence to acknowledge the establishment of the petition, and thus, it cannot be admitted as evidence.

In addition, there is no evidence to acknowledge the plaintiff's assertion, and the plaintiff's above assertion is without merit.

2. In conclusion, the plaintiff's claim shall be dismissed as it is without merit. Since the judgment of the court of first instance is unfair with different conclusions, the defendant's appeal is accepted and the judgment of the court of first instance is revoked and the plaintiff's claim is dismissed as per Disposition.

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