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(영문) 서울서부지방법원 2014.08.14 2014가단200940
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On October 11, 2012, the Plaintiff leased KRW 30,000,00 to the Defendant with interest rate of KRW 880,000 per month. As such, the Defendant asserts that the Defendant is obligated to pay to the Plaintiff delayed payment of the interest rate of KRW 30,000,000 after delinquency in payment of the interest rate of KRW 30,000 and the interest thereon, and that the Plaintiff is obligated to pay damages for delay at the agreed interest rate from May 30, 2013 to the date of complete

Therefore, there are evidence Nos. 6, 7, and 12 as shown in the Plaintiff’s assertion, but considering the following circumstances, namely, the Plaintiff’s interest was paid to the Plaintiff through the Plaintiff’s account from November 2012 to March 2013, i.e., C’s interest payment through the Plaintiff’s account, and C borrowed money from the Plaintiff in this court, and the Defendant testified that the Defendant paid the Defendant a debt on the part of the Defendant, and the reason for receiving the said money was that the Defendant paid the Defendant a debt, the above evidence cannot be believed as it is, and it is insufficient to recognize the Defendant as a debtor to borrow money from the Plaintiff on the sole basis of the Defendant’s use of KRW 30,00,000,000.

Therefore, the plaintiff's claim is dismissed as it is without merit.

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