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(영문) 인천지방법원 2017.09.20 2016가단57351
대여금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserted that the plaintiff lent KRW 20,000,000 to the defendant around September 15, 2006 by the interest rate of KRW 2% and the due date of repayment of KRW 30,000,000 to December 31, 2006. Around December 28, 2006, the plaintiff determined and lent KRW 30,000,000 to the interest rate of KRW 2% and the due date of repayment of March 31, 2007.

Therefore, the Defendant is obligated to pay to the Plaintiff interest or delay damages calculated at the rate of 24% per annum from September 16, 2006 to the date of full payment with respect to loans of KRW 50,000,000 and KRW 20,000,000.

2. According to the evidence Nos. 1 and 2 evidence, the fact that the plaintiff remitted the amount of KRW 20,000,000 to the defendant around September 15, 2006 and KRW 30,000,000 to the defendant around December 28, 2006 is recognized.

However, since the defendant argues to the effect that the above money is not a loan but a loan received in relation to a separate land transaction, etc., the plaintiff must prove that the nature of each of the above money is a loan. The evidence submitted alone is insufficient to recognize that each of the above money is a loan, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's above assertion is without merit.

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

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