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(영문) 서울북부지방법원 2016.06.09 2015가단50108
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On February 2013, the Plaintiff: (a) lent 25 million won to C, which is the organization of a multi-level loan company run by C; and (b) borrowed 25 million won from the Defendant around February 2013, the Plaintiff was able to receive interest at 30% per annum by lending the said money to C; and (c) borrowed 25 million won to the Defendant on February 15, 2013 for the purpose of securing payment; and (d) was issued by C for the purpose of collateral, the claim acquisition for KRW 70 million out of the lease deposit for the apartment house located in C from C was also issued by C as money loan agreement notarial deeds, assignment notice, and apartment lease agreement.

At the time, the plaintiff did not receive a loan certificate from the defendant, but directly provided the above 25 million won to the defendant, and was promised by the defendant to be responsible for the above loan. Therefore, the defendant is responsible for paying the above loan.

The evidence presented by the Plaintiff alone is insufficient to recognize that the borrower is the defendant or was promised to pay the above loan by lending the amount of KRW 25 million to the defendant, and it is not sufficient to recognize that the borrower was responsible for the above loan, and there is no other evidence to acknowledge it. Thus, the plaintiff's assertion is without merit.

Therefore, the plaintiff's claim of this case is dismissed for reasons.

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