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(영문) 대전지방법원천안지원 2019.02.15 2018가합102655
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The assertion and judgment

A. The Plaintiff asserted that: (a) from May 2, 2008 to January 27, 2010 pursuant to the management services agreement concluded with the Defendant Union, the Plaintiff loaned KRW 1,290,300,000 annually to the Defendant Union with interest rate of KRW 7% per annum; and (b) the due date for repayment is the date when the Defendant Union selected the construction works and the funds enter from the construction works.

Therefore, the Defendant Union is obligated to pay to the Plaintiff KRW 1,290,300,000 as well as damages for delay from January 27, 2010, which is the final date of loan.

B. According to the evidence evidence No. 2, the plaintiff and the non-party corporation, around January 2009, can be acknowledged that they entered into a management service contract for B apartment reconstruction projects with the defendant association. However, the evidence submitted by the plaintiff alone is insufficient to recognize that the plaintiff lent the amount claimed by the plaintiff to the defendant association pursuant to the above contract (the evidence submitted by the plaintiff can only recognize the fact that the plaintiff borrowed money from a third party), and there is no other evidence to acknowledge it.

2. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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