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(영문) 창원지방법원 2016.02.16 2015가단11697
대여금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Part of the claim against the defendant B

A. On July 14, 2009, the plaintiff alleged as the primary claim 1) lent KRW 12 million to the above defendant (Evidence 1), KRW 3 million on May 3, 2010, and KRW 25 million on August 17, 201 (Evidence 2-1 and 2-5 million). Thus, the defendant is liable to pay the plaintiff the above KRW 25 million and delay damages, or there is no dispute between the parties to the judgment as to the cause of the claim, or there is a burden to pay the plaintiff the above KRW 25 million and delay damages.

hereinafter the same shall apply.

(2) In light of the purport of the arguments in Gap evidence Nos. 1 through 3, the plaintiff and defendant Eul as an elementary school's head of the Dong school lent money to the defendant Eul from July 2006 to the use of his card, etc., and the defendant Eul also paid the money each month. The plaintiff and defendant Eul prepared a certificate of loan worth KRW 12 million with the intent to confirm and pay the unpaid amount of the loan amount of KRW 12 million from July 14, 2009 (including the card use amount) and KRW 40 million with the intent to pay the loan amount of KRW 12 million. The plaintiff can be acknowledged that the plaintiff lent the loan amount of KRW 10 million to the defendant around May 3, 201 (the defendant D deposit) and KRW 13 million from around August 17, 2011 (the non-party E deposit of KRW 10 million). Thus, the defendant's assertion that the above loan repayment amount of KRW 400,000,000,0000 as the above evidence was presented.

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