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(영문) 서울중앙지방법원 2014.11.12 2013가단324912
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The assertion and judgment

A. On May 8, 2007, the Plaintiff asserts that around May 8, 2007, the Plaintiff loaned KRW 100,000 to the Defendant at the interest rate of 6% per annum, 25% per annum, and the due date of repayment of May 31, 2007 (1/2 of the loans) and June 30, 2007 (1/2 of the money), and filed a claim against the Defendant for the payment of the above loans and damages for delay.

B. The fact that the Plaintiff paid 50,000,000 won to the Defendant on May 8, 2007 and remitted 50,000,000 won to the account under the name of the Defendant is not a dispute between the parties.

However, there is no evidence to acknowledge whether the above money was leased to the Defendant. Rather, the following circumstances acknowledged by Gap evidence Nos. 4 (except for the loan without affixing a seal on the plaintiff's name, Eul evidence No. 1; hereinafter the same shall apply), Eul evidence Nos. 9 and 10, i.e., ① a stock company (the representative D; hereinafter referred to as the "foreign company") intended to provide loans through the defendant sufficient funds for the establishment of one E company. The defendant introduced the plaintiff. ② around April 30, 2007, the non-party company was 6% per annum, 25% per annum, 1/2 of the repayment period, 1/2 of the loan repayment period, 1/2 of the loan repayment period to the plaintiff, 300,000, 100 of the loan repayment period, 1/2 of the loan repayment period to the non-party company and 1/2 of the loan, 30,000 of the loan repayment amount to the plaintiff, 4.

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