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(영문) 서울중앙지방법원 2019.11.21 2019나31961
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Determination as to the cause of claim

A. The plaintiff's argument that the plaintiff, while lending KRW 15,00,000 to the defendant, agreed to receive interest KRW 18,000,000 in total, KRW 3,000,000 on six occasions each. The defendant merely paid KRW 15,00,000 in principal and did not pay KRW 3,00,000 in interest. Thus, the defendant is liable to pay KRW 3,00,000 to the plaintiff.

B. According to the purport of the Plaintiff’s evidence No. 1 and the entire pleadings, the Plaintiff decided to lend KRW 15,00,000 to the Defendant on June 15, 2016 (hereinafter “instant loan”). The Plaintiff wired KRW 14,70,000, which deducts prior interest of KRW 300,000,000, to the Defendant. The Defendant may recognize the fact that the Plaintiff paid KRW 15,000,000, in total, from June 23, 2016 to January 26, 2017.

However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff agreed to pay 3,000,000 won as interest in connection with the instant loan as otherwise asserted by the Plaintiff, and there is no other evidence to acknowledge it.

2. The plaintiff's claim should be dismissed as it is reasonable.

The judgment of the first instance is justifiable in its conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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