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(영문) 수원지방법원성남지원 2020.09.18 2020가단4378
대여금
Text

The claim of this case is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The Plaintiff’s summary of the Plaintiff’s assertion: (a) lent KRW 105,70,000 in total to the Defendant from June 5, 2013 to March 16, 2017, as indicated in the separate sheet; (b) the Plaintiff claimed that only KRW 56,00,000 was paid out; and (c) the remainder of KRW 49,70,000 and damages for delay were paid.

2. The Defendant recognized that the Plaintiff borrowed the remainder of KRW 50,700,000 in addition to the loans set forth in the separate sheet from the Plaintiff.

However, the defendant asserts that the No. 5 and No. 10 among the loans listed in the attached list No. 5 and No. 10 did not borrow money by E, and it is not sufficient to recognize that the plaintiff lent it to the defendant, not E (the record No. 1-3). (In accordance with the record No. 14, it is confirmed that the money shown as interest to the plaintiff was continuously deposited from the E's account as E's son's son's son's son's son's son's son's son's son's son's son's

Therefore, the defendant is obligated to pay to the plaintiff damages for delay from February 22, 2020, which is the day following the service date of the original copy of the payment order in this case, for the amount of KRW 50,700,000 and that of the above, since the plaintiff is the plaintiff, it is reasonable to view that the above loan obligations have been fully repaid, as long as the plaintiff has received a total of KRW 56 million from the defendant.

3. Conclusion, the claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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