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(영문) 서울중앙지방법원 2017.10.30 2016가단5020254
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that he/she would be entitled to interest of 2% per month on December 26, 2012 to the Defendant, and that KRW 20,000,000 on January 10, 2013 shall be determined as the maturity date, and that February 27, 2013 shall be determined as the maturity date of payment on March 27, 2013; and KRW 25,000,000 on March 29, 2013 shall be lent to the Defendant by means of payment of each cash on April 29, 2013; KRW 4,90,000,000 on November 18, 2015; KRW 20,000,000 on November 20, 2015; and deposited to each of the Defendant’s accounts by means of lending KRW 10,00,00,00 on March 10, 2015.

2. In full view of the following facts and circumstances, the Plaintiff cannot be deemed to have lent cash to the Defendant, as alleged by the Plaintiff, and the Defendant shall be deemed to have repaid the money that the Plaintiff deposited into the Defendant’s account and lent to the Defendant, on the ground that the Plaintiff’s claim of this case is without merit, given that there is no dispute between the parties to the judgment, or that there is no difference between the parties to the judgment, or that there is no evidence of evidence of evidence Nos. 4 through 6, 9, 12, and 1 and 3 (including a serial number) as a result of appraiser C’s appraisal,

① Upon introduction of the Plaintiff’s former wife E, the Plaintiff and the Defendant traded money from October 2012.

If the Plaintiff lends money to the Defendant’s account, the Defendant issued a provisional coefficient of KRW 5,00,000 in face value and issued it to the Plaintiff, and repaid the said household check in the manner that the said household check is settled.

② On December 26, 2012, the Plaintiff: (a) paid KRW 10,00,000,000 on February 27, 2013; and (b) KRW 25,000,000 on March 29, 2013 to E; (c) while delivering the said money to the Defendant, E received a loan certificate (Evidence A through C) from the Defendant; (d) provided that E provided the Plaintiff with interest in cash; and (e) provided the Plaintiff with testimony corresponding thereto.

However, the above cash transactions are different from the general transaction behavior between the plaintiff and the defendant as seen earlier, and the plaintiff asserts.

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