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(영문) 서울남부지방법원 2015.02.12 2014가단141
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Amount (unit: 30,000,000 on November 20, 2007, 200 on December 8, 2007, 30,000,000 on the date of remittance of basic facts (units): 38,90,000 on December 8, 2007;

(a) The details remitted from a bank account in the name of C to a bank account in the name of the Defendant are as follows:

The amount of the remittance date (unit: 1,000,000 on December 27, 2007) 1, 200 on the remittance date (unit: 1,000,000 on January 28, 2008 3, 2003, May 28, 2008 1,000,000 on May 28, 2000 on May 2008 5, 2005 1,800 on May 31, 2000 on May 31, 2008; 50,000,000 on July 23, 200 on July 23, 2008; 7, 2007; 1,30,000 on August 26, 200,000 on November 26, 2008;

B. The details remitted from the bank account under the name of the Defendant to the bank account under the name of the Plaintiff are as follows.

(1) On September 14, 2007, Defendant 47,000,00 on September 14, 2007, Defendant 45,500,000 on October 45, 200, Plaintiff D was released from the E’s account upon request of his relative E by the account holder.

C. Meanwhile, the details of transfer of D to the Plaintiff and the Defendant are as follows.

[Ground of recognition] Facts without dispute, Gap 2's evidence 1 to 3, Gap 4's evidence 1 to 8, Eul 5's evidence 5-1, witness D's testimony, whole purport of pleading

2. The parties' assertion

A. The Plaintiff’s assertion (1) around November 19, 2007, the Defendant requested that the Plaintiff pay the interest of KRW 100 million per month, i.e., KRW 100 million per month if the Plaintiff lent KRW 100 million to the Plaintiff, and that the Plaintiff shall be paid the interest of KRW 100,000 per month, i.e., KRW 100,000,000,000, calculated by subtracting the interest of KRW 100,000 from KRW 100,000,000 and KRW 10,000,000 prior to the Plaintiff.

As seen in the paragraph, C had C transfer to the Defendant bank account, and lent KRW 100 million to the Defendant.

(2) The defendant is based on the plaintiff 1-B.

As seen in the paragraph, money was remitted, which was paid as interest on KRW 100 million, and the Defendant paid only interest to the Plaintiff until March 7, 2009.

(3) Accordingly, from March 8, 2009 to the delivery date of a copy of the instant complaint, the Defendant agreed on KRW 100 million to the Plaintiff at the rate of 12% per annum.

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