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(영문) 수원지방법원 2015.07.16 2014가단527006
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On March 19, 2014, the Plaintiff asserted that the Plaintiff and the Defendant have a duty to pay the principal and interest specified in the purport of the claim to the Plaintiff on a yearly basis, setting a loan of KRW 24,00,000 as interest rate of KRW 16.4% per annum and KRW 28.4% per annum. However, the Plaintiff entered into a mid-term loan agreement (hereinafter “instant loan agreement”) with the purport that the principal and interest of the loan shall be paid in equal installments over 36 months. On the same day, the Plaintiff paid KRW 24,00,000 to the Defendant. Since the Defendant lost a benefit due to delayed repayment of the principal and interest of the loan, the Defendant is obligated to pay the principal

The defendant asserts that B used the name of the defendant in misappropriation and concluded the loan contract of this case with the plaintiff.

2. First, as to whether the Plaintiff entered into the instant loan contract with the Defendant, the evidence Nos. 1 (a loan application) cannot be used as evidence, since there is no evidence to acknowledge the authenticity thereof, and it is insufficient to recognize that the Plaintiff and the Defendant entered into the instant loan contract only with the evidence Nos. 4 and 10, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s assertion is without merit without examining further.

3. Conclusion

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