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(영문) 서울중앙지방법원 2013.12.12 2012가단215790
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff, the North Korean resident of the plaintiff, who was the plaintiff's assertion, was 16,875,00 won of total amount of credit around May 5, 2012, when he/she lent money to the defendant who was close to the same North Korean resident C in several times from 2011 to 100 million won as business funds of the defendant, and he/she received a written statement of performance that he/she would pay 10 million won and interest equivalent to 4% per month from the defendant on January 15, 2012. The defendant is obligated to pay 88,00,000,000 won as part of the above debt and damages for delay.

2. Determination

A. According to the statement of No. 1 of the judgment on the cause of the claim and the overall purport of the pleadings and arguments, the plaintiff and the defendant agreed to settle the mutual transaction between the plaintiff and the defendant around January 15, 2012, and they stated that the plaintiff's husband D promises to pay interest of KRW 90 million and interest calculated at the rate of KRW 4% per month to the plaintiff's husband and wife in English and signed and sealed by the defendant. As such, each of the above statements stated the principal amount as KRW 90,00,000 on KRW 10,000 appears to have been corrected. Accordingly, the plaintiff asserted that the defendant signed and sealed the loan amount as KRW 100,000,000 after correcting the principal amount, and that the defendant arbitrarily altered the loan amount as well as that of KRW 100,000,00,000, it is difficult to recognize that there was an agreement with the defendant as to the above correction of the principal amount as 00,000,000 won, respectively.

hereinafter referred to as "the case."

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