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(영문) 서울중앙지방법원 2015.11.03 2015가단5024525
대여금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The parties' assertion

A. The Plaintiffs asserted 1) The Plaintiffs received a request from the Defendant, who became aware of the Plaintiff’s introduction, to lend 3% interest per month on small loans from April 19, 2014, to the Defendant for a loan of KRW 200,000 to KRW 300,000,000 in a large amount of KRW 62 times up to KRW 9 million. 2) The Defendant paid the Plaintiffs a total of KRW 74,445,00 as interest, etc., and thereafter, the Defendant did not raise any objection against the Plaintiffs’ request for repayment.

3) Therefore, the Defendant is obligated to pay the interest and interest on the unpaid loan to the Plaintiffs. (B) The Defendant did not borrow the funds claimed by the Plaintiffs from the Plaintiffs, but only performed the act of lending money and collecting money from April 2014 to November 2014.

2. Even after the Defendant’s suspension of lending and collection of money on November 2014, Plaintiff A directly collected money by itself, and the Defendant did not directly engage in its own credit business by borrowing money from the Plaintiffs and using the money.

2. In this case where there is no agreement between the plaintiffs and the defendant as to the loan certificate or the money transaction, each statement of Gap evidence Nos. 1, 1, 2-1, 4-1, 1, 4-1, 2, 6, and 7, which the plaintiffs submitted by the plaintiffs, is difficult to view that the plaintiffs lent all the money they remitted to the defendants, and there is no other evidence to acknowledge otherwise. Rather, when considering the whole purport of the pleadings in the statement Nos. 1 through 3, the defendant colors the lender at the plaintiffs' request, and pays the money to the borrower who wants to borrow the money with the money received from the plaintiffs, and collects the interest and principal from the borrower, it is limited to the credit business.

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