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(영문) 대전지방법원 2015.01.20 2014가단23062
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) The Plaintiff is a stock company run by the Defendant or the Defendant (hereinafter “foreign company”).

) On March 14, 2005, the Plaintiff remitted the amount of money to the bank account of Nonparty 1,50 million won to Nonparty 1,50,000 won to Nonparty 1,50,000 won on March 18, 2005, Nonparty 1,4 million won on April 5, 2005, Defendant 5 million won on April 7, 2005, as follows: Nonparty 6,50,000 won on May 3, 2005, or Defendant 6,50,000 won on May 4, 2005, to Nonparty 6,50,000 won on May 3, 2005, Nonparty 3,50,000 won to Nonparty 2,50,000 won on May 4, 2005.

On April 26, 2005, KRW 12.6 million, the nominal owner of the account remitted to the Plaintiff on the date of receipt of the remittance, and KRW 10 million,00,000,000 on June 18, 2005, the non-party company, which was the non-party company of KRW 8.5 million on June 21, 2005, KRW 3,5760,000,000,000,000 won on June 24, 2005, and KRW 660,000 on January 4, 2006, and KRW 3,576,00 [based on recognition] was not disputed, KRW 1,00,00 in total, KRW 1,000,000,00 on April 2, 206, and the purport of the entire pleadings.

2. The plaintiff's assertion and judgment

A. 1) The Plaintiff is obligated to lend a total of KRW 54.7 million to the Defendant from March 14, 2005 to July 5, 2005, and to pay KRW 6.6 million to the Defendant for the principal and interest of KRW 35.1 million from April 26, 2005 to April 2, 2006. Accordingly, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 19.6 million (=5.7 million - KRW 35.1 million) for the interest payment agreement, and to pay damages for delay at the rate of KRW 24.4% per annum (2%) from January 1, 2006 to the day of full payment.

B. Determination 1 as to the above facts and the statements in Gap 1, 6, 7, 8, Eul 1 to 6, and witness D's testimony are recognized by considering the whole purport of the pleadings.

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