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(영문) 서울남부지방법원 2015.06.18 2014가단44523
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The allegations and judgment of the parties

A. On September 13, 2013, the Plaintiff entered into a contract with the Defendant for an application for a loan to discuss construction machinery and construction machinery (hereinafter “instant loan contract”) with the Defendant for a loan of KRW 30 million, interest rate of KRW 13.5% per annum, overdue interest rate of KRW 29% per annum, and the repayment period of KRW 36 months (e.g., equal repayment of principal and interest) and claimed that the Defendant lent KRW 30 million to the Defendant on the same day, and sought the return of money, such as the purport of the claim.

In this regard, the Defendant did not have concluded the instant loan contract with the Plaintiff, and asserted that the Defendant’s post-appellant B had concluded the instant loan contract by stealing the Defendant’s name.

B. The evidence No. 1 (a loan application) cannot be used as evidence because there is no evidence to prove the authenticity of the application, and it is not sufficient to acknowledge that the Plaintiff concluded the instant loan contract with the Defendant solely on the basis of the evidence Nos. 2 and 4. There is no other evidence to acknowledge the Plaintiff’s assertion.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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