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(영문) 서울중앙지방법원 2016.04.22 2015가단170430
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion that around January 30, 2007, the plaintiff lent 8 million won to the defendant and C with interest rate of 12% per annum and 3 months after the due date, and that the above money was remitted to the defendant's deposit account. Thus, the defendant asserts that the plaintiff should pay to the plaintiff the above loan principal of 8 million won and interest of 12,962,505 won per annum for welfare of 8.5 years and interest of 12% per annum for welfare of 8.5 years, more than a total of 20,962,50 won, and delay damages from the date following the delivery of a complaint

2. According to the Plaintiff’s statement of 1, 207, it is recognized that the Plaintiff transferred KRW 8 million to the Defendant’s deposit account on January 30, 2007, but even if the Plaintiff’s statement of 2, the Plaintiff’s Mump passbook and the entire purport of the oral argument, it alone concluded a loan contract between the Plaintiff and the Defendant for consumption on the above money.

In addition, it is insufficient to acknowledge that there was an interest agreement on the above content, and there is no other evidence to acknowledge it.

3. The plaintiff's claim is dismissed on the grounds that it is not reasonable to do so.

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