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(영문) 서울동부지방법원 2014.09.05 2014가합2141
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On July 31, 2007, the Defendant claimed that the Plaintiff lent KRW 150 million to the Plaintiff at interest rate of 2.5% per month. The Defendant did not pay interest and principal from May 2008.

2. In full view of the overall purport of the pleadings as to the statement No. 1 of the judgment, the fact that the Plaintiff transferred only 150 million won to the bank account under the Defendant’s name (hereinafter “instant account”) on July 31, 2007 is recognized.

However, the following circumstances that can be acknowledged as representing the purport of the entire argument in the testimony of the witness C, namely, ① the Defendant remitted the money of KRW 150 million to C with the instant account; ② The instant account is in the name of the Defendant, but it seems to have been actually used for the business of the office of F Licensed Real Estate Agents working together with the Plaintiff, the Defendant, D, and E; ③ The account is in the name of the Defendant’s transfer of KRW 150 million to the account under C through the instant account, and ③ on August 1, 2007, with respect to the Plaintiff, the obligor, the obligor, the maximum debt amount of KRW 350,000,000,000 to the Defendant on August 1, 207, 2007, with respect to the land owned by the Plaintiff, the Plaintiff’s personal collateral Security was established with respect to each of the above KRW 20,000,000,000,000,000 for each of the above real estate owned by the Defendant.

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