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(영문) 창원지방법원 2016.06.16 2015가단14603
대여금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Party’s argument

A. The Plaintiff asserted that the Plaintiff lent KRW 90 million to the Defendant on October 31, 2014, KRW 15 million on November 20, 2014, KRW 4 million on November 26, 11, and KRW 19 million on total.

Since then the defendant, on March 20, 2015, KRW 20 million to the plaintiff and the same year.

3. 24.10 million won has been reimbursed but the remainder of 79 million won has not been reimbursed.

Therefore, the Defendant is obligated to pay the Plaintiff the remainder of the loan 79 million won and delay damages.

B. The Defendant’s assertion is that the construction cost received from the Plaintiff as the Plaintiff’s passbook, the original contractor, for the construction cost of the newly constructed warehouse at the bottom of the city of Busan, and is not a loan.

The Defendant paid KRW 30 million to the Plaintiff at the construction site is the construction cost that the Defendant paid to the Plaintiff that performs part of the construction work.

2. Determination: (a) the Plaintiff paid to the Defendant KRW 90 million on October 31, 2014; (b) KRW 15 million on November 20, 2014; and (c) KRW 19 million on November 26, 19,000 in total; (b) the Defendant paid the Plaintiff KRW 20 million on March 20, 2015; and (c) the same year.

3. The fact that the Plaintiff paid KRW 10 million to the Plaintiff does not conflict between the parties. However, the evidence submitted by the Plaintiff alone is insufficient to acknowledge the fact that the Defendant paid KRW 19 million to the Plaintiff, and the fact that the Defendant paid KRW 30 million to the Plaintiff was for the repayment of the loan, and there is no other evidence to acknowledge this otherwise.

Therefore, the plaintiff's assertion is not accepted.

3. The plaintiff's claim is rejected and it is so decided as per Disposition.

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