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(영문) 울산지방법원 2019.10.02 2019가단5986
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 the plaintiff lent KRW 31,568,073 to the defendant on February 13, 2009, including the lending of KRW 10,000,000 to the defendant and the lending of KRW 31,568,073 in total as shown in the attached Table "Loan Details" until July 18, 2010. Thus, the defendant is liable to pay to the plaintiff the above lending principal amount of KRW 31,568,073 and its delay damages.

2. The Defendant’s judgment on the Defendant’s principal safety defense filed a criminal complaint with the Defendant on February 2019 on the charge that the Plaintiff acquired KRW 498 million from the land purchase price, and accordingly, in the police investigation process, even though the Plaintiff and the Defendant agreed to the effect that “the Defendant does not file a lawsuit concerning the Plaintiff’s claim for loans, instead of wanting to punish the Plaintiff as a crime of false accusation,” the Plaintiff asserted that the Plaintiff brought the instant lawsuit, and therefore, there is no evidence to acknowledge the Defendant’s assertion on this part, and therefore, the Defendant’s principal safety defense is without merit.

3. According to each of the statements in Gap evidence Nos. 1 (including a provisional number; hereinafter the same shall apply) as to the merits, although the plaintiff is deemed to have remitted the amount stated in each "lease Amount" column on the corresponding date stated in each "lease Date" column in the separate sheet in the separate sheet in [Attachment] to the defendant, it is insufficient to recognize that the plaintiff lent the amount to the defendant as alleged in the plaintiff's assertion, and there is no other evidence to prove otherwise. Thus, according to the overall purport of the statements and arguments in the evidence Nos. 3 and 4, the plaintiff borrowed from the defendant around February 2019 the sum of KRW 12,50,000,000,000 in total, as stated in the separate sheet in [Attachment] Nos. 1 and 2, and acquired property profits equivalent to the sum of the money purchased on or around July 29, 2009, by borrowing money from the defendant around 10,1000,000 won.

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