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Reasons
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(영문) 서울중앙지방법원 2015.05.12 2014가합567577
대여금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Fact that there is no dispute over the facts of recognition [based for recognition], entries in Gap evidence 1, 3, and 8, Eul evidence 1, 3, 5, and 14 (including provisional numbers), and the purport of the whole pleadings;

A. The plaintiff, the defendant, and C have been aware of about 20 years ago, and the defendant was established with the purpose of selling real estate by proxy in 2002, and it is the representative of the Dispute Resolution D and C has served as the employee of the Dispute Resolution D from around 2002 to the end of 2005. (b) On August 7, 2004, the plaintiff would pay the amount of KRW 200,000,000 from C to the end of 2005.

“On the receipt of a request to the effect,” the Defendant’s account was deposited KRW 150,00,000 on August 7, 2004, and KRW 150,000,000 on August 9, 2004, and KRW 50,000 on August 9, 2004, and KRW 50,000 on August 9, 2004 with C’s account. (c) On August 16, 2004, the Plaintiff received respectively a promissory note of KRW 150,00,00 on the issuer and C, face value of KRW 50,00,00,00 on the issuer and C, face value of KRW 50,00,00 on the same day, and on the same day, the Plaintiff recognized that there was no objection to compulsory execution even if there was no objection to any delay in the payment of each of the above bills.

'Notarial Deed(No. 3175, No. 3176, No. 2004, No. 3176, No. 2004) to the effect that 'No. notarial deed' was drawn up. d.

On February 15, 2005, the Defendant deposited KRW 150,000,000 in C’s account on February 15, 2005, and KRW 50,000,000 in total on February 16, 2005.

E. Meanwhile, from September 2004 to February 2005, the Defendant deposited KRW 2,400,000 per month as interest rate of KRW 150,000 in the name of D, etc., and KRW 800,000 per month as interest rate of KRW 50,000 in the Plaintiff’s account by C, and from March 2005 to June 2007, C deposited KRW 2,40,000 in the name of the Defendant from March 2005 to June 2007, respectively.

2. The plaintiff's account on August 7, 2004 and the 9th day of the same month, as revealed in the above facts of recognition as to the cause of the claim. 150,000.

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