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(영문) 수원지방법원 2014.11.14 2013가합18885
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The plaintiff's assertion and judgment on the plaintiff's assertion

A. The Plaintiff asserted as follows: (a) from January 2002 to June 2008, the Plaintiff loaned total of KRW 29,600,500 to the Defendants from January 2002 to May 2013; (b) paid KRW 339,615,00 from January 2002 to May 2013; (c) the Defendants agreed to pay interest at 2% per month on each of the above loans; (d) even if the above interest agreement was not reached at the time of the lending, the agreement was reached between the Plaintiff and the Defendants on May 2013 to settle the accounts that the Defendants paid interest at 2% per month on each of the loans; (b) so, the agreement was jointly and severally concluded between the Plaintiff and the Defendants that the Defendants paid KRW 339,615,00 to the Plaintiff with interest rate of KRW 360,716,370,7416,767,270,2716 and 2716,374.7.

B. It is insufficient to recognize that the Defendants agreed to pay interest at 2% per month each time they leased the said money to the Plaintiff and the Defendants, solely with the descriptions of Gap evidence Nos. 1 through 4 (including the number of branch numbers) and witness D and E, or with each testimony of Gap, etc., and that the Defendants agreed to pay interest at 2% per month on May 2013, and there is no other evidence to acknowledge this otherwise, the Plaintiff’s assertion premised on the existence of each of the above agreements is without merit.

2. In conclusion, the plaintiff's claim against the defendants of this case is dismissed as it is without merit. It is so decided as per Disposition.

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