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(영문) 서울동부지방법원 2014.10.24 2014가단29392
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that the Plaintiff loaned KRW 20 million to the Defendant, including KRW 10 million on June 5, 2006, KRW 10 million on August 11, 2006, KRW 10 million on January 7, 2007, KRW 50 million on July 30, 2007, and KRW 10 million on March 4, 2006, KRW 10 million on December 7, 2007, and KRW 20 million on December 7, 2007, KRW 30 million to the Defendant’s wife C, and KRW 20 million on December 17, 2013, KRW 30 million on December 17, 2013, the Defendant paid KRW 1 million to the Plaintiff.

In addition, the Defendant promised to pay to the Plaintiff KRW 30 million out of these KRW 40 million to the Plaintiff on March 2014, and to pay the remainder KRW 10 million after C’s recovery.

Therefore, the defendant is liable to pay to the plaintiff the above 40 million won and interest or delay damages.

2. The Plaintiff lent KRW 50 million to the Defendant solely on the basis of the entries in Gap evidence Nos. 1-2 through 5 and the response of this court's order to submit financial transaction information to new banks, a stock company, etc.

It is insufficient to recognize that the Defendant promised to repay KRW 40 million to the Plaintiff, and there is no other evidence to acknowledge this otherwise. Thus, the Plaintiff’s above assertion is without merit.

3. Therefore, the plaintiff's claim is dismissed. It is so decided as per Disposition.

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