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(영문) 인천지방법원 2016.02.19 2014가단256192
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff, on July 9, 2004, remitted to the defendant's account the amount of KRW 60 million on July 9, 2004 and KRW 40 million on July 29, 2000 on the premise that there is no dispute, and the same year.

8. 14. It received KRW 20 million from the Defendant.

2. The parties' assertion

A. The plaintiff's assertion that the plaintiff lent KRW 100 million to the defendant and received KRW 20 million from the defendant. Thus, the defendant is obligated to pay the remaining loan amounting to KRW 80 million and interest or delay damages to the plaintiff.

B. The KRW 100,000,000, out of the money invested by the Defendant to be established by the Defendant at the time, is merely a return of the said money after the registration of capital, and even if the above domestic money was loaned, it was a commercial bond and the five-year extinctive prescription has already expired prior to the filing of the instant lawsuit.

3. In light of each of the statements in Gap evidence Nos. 1, 2, 2, and 3-9 (including partial numbers), it is not enough to recognize that the above KRW 100 million was the amount lent to the defendant by the plaintiff on the sole basis of the statements in Gap evidence Nos. 1-1, 1-2, 2-2, and 3-1 through 7, and there is no other evidence to acknowledge it.

4. According to the conclusion, the plaintiff's claim of this case is dismissed without any further reasons.

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