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(영문) 서울북부지방법원 2014.09.16 2014가단20865
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. The Plaintiff asserted that the Plaintiff and the Defendant agreed to operate a restaurant on November 2013, to share 1/2 of the investments and to distribute the profits at the rate of 40:60. Accordingly, the Plaintiff transferred KRW 45 million to the Defendant.

On December 15, 2013, the Plaintiff and the Defendant agreed to the effect that “the Defendant shall operate the said restaurant alone, return the Plaintiff’s investment amount of KRW 45 million to the Plaintiff, and pay KRW 1 million interest per month from January 5, 2014 to the time of return.”

Therefore, the defendant is obliged to pay to the plaintiff 45 million won and damages for delay, which are agreed to return to the plaintiff as above.

B. It is not sufficient to acknowledge that the Defendant agreed to return the Plaintiff’s investment amounting to KRW 45 million, as alleged by the Plaintiff, only the descriptions and videos of the Plaintiff’s 1 through 3, and the Plaintiff’s above assertion is without merit, since there is no evidence to acknowledge otherwise.

2. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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