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(영문) 대전지방법원 2017.05.17 2016가단207550
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On August 25, 2012, the Plaintiff lent to the Defendant a total of KRW 2 million from Kimcheon-si to KRW 2 million, and KRW 4 million from Daejeon to KRW 3,00,000,000 to KRW 29,000,000 on November 26, 2012, KRW 5 million on December 28, 2012, and KRW 8 million on January 24, 2013, respectively.

With respect to the above loan claims, 23.4 million won (= 2.9 million won - 5 million won - 1.00 million won) shall be deducted by the Defendant’s additional monetary payment in lieu of the Defendant on November 2012, 2013, while the Plaintiff engaged in the business of mediating Sariri company in China with the Defendant, and the Defendant is obliged to pay the Plaintiff the above 23.4 million won and its delayed payment damages.

B. Defendant did not receive KRW 2 million in cash from the Plaintiff on August 25, 2012, and received KRW 4 million in Daejeon C as a commission for the brokerage of medical tourism.

In addition, the Defendant received KRW 10 million from the Plaintiff on November 26, 2012, KRW 5 million on December 28, 2012, and KRW 8 million on January 24, 2013, respectively. However, this is received from the Plaintiff as a result of the business good offices or activity expenses while conducting the business in China, along with the Plaintiff. Since the business is not well-grounded, it is decided to adjust the money that the Defendant received from the Defendant as a reward and activity expenses for the said period on March 2013, as the business is completed, the Defendant has no money to be returned to the Plaintiff.

2. Determination

A. First, the part claiming that the Plaintiff lent KRW 2 million in cash from Kimcheon-si on August 25, 2012 is insufficient to recognize the assertion solely based on the entries in the evidence No. 1-2 and the results of the Plaintiff’s personal examination, and there is no other evidence to prove otherwise.

B. Next, with respect to the Plaintiff’s remaining claims on loans except for the above cash loan of KRW 2 million, even if there is no dispute over the fact that the parties are able to receive money, this shall be accepted by the Plaintiff.

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