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(영문) 서울남부지방법원 2015.04.17 2015가단2106
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 25 million to the Defendant, and the Defendant asserts that only KRW 10,000,000 was repaid, and that the Plaintiff paid the remainder of the loan.

2. In full view of the purport of the entire pleadings in each statement in subparagraphs 3-1 and 2 of the evidence Nos. 3-1 and 2, the fact that the Plaintiff remitted to the Defendant KRW 10 million on January 6, 2014, KRW 15 million on January 14, 2014, and KRW 25 million on the aggregate is recognized.

However, as to whether there was an agreement on a monetary loan for consumption between the Plaintiff and the Defendant, the health account statement No. 1 contained the Plaintiff’s assertion, and as to the statement No. 2, it is insufficient to acknowledge that there was an agreement on a monetary loan for consumption solely based on each of the above evidence, since it is merely the purport of recognizing the liability for repayment of the obligation in spite of the change of the representative director

3. If so, the plaintiff's claim is unfair on the premise that there was an agreement between the plaintiff and the defendant for a loan for consumption, and it is dismissed. It is so decided as per Disposition.

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