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(영문) 인천지방법원 2021.01.29 2020가단242927
대여금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The Plaintiff loaned KRW 50,000,000 to the Defendant four times from February 13, 2012 to December 13, 2017, such as the claim information column in the attached sheet for calculating the amount appropriated. The Defendant repaid to the Plaintiff KRW 7,22,90,00,00 in total, from September 30, 2013 to March 2, 2020, as indicated in the column for calculating the amount appropriated for the attached sheet.

[Grounds for Recognition] Unsatisfy, entry in Gap evidence Nos. 1 through 4 (including various numbers), the purport of the whole pleadings

2. Determination

A. The Plaintiff, a director of the Defendant’s in-house, was KRW 50 million on May 25, 2010, and the same year.

7. The defendant asserts that the sum of KRW 65 million was remitted to the plaintiff 29.15 million, and the said sum was also borrowed from the plaintiff.

According to the evidence No. 1-1 and No. 2-1 of Gap, it is not sufficient to recognize the fact that the plaintiff transferred the above money to the deceased C on each of the above dates, but it is insufficient to recognize the fact that the defendant borrowed the above money from the plaintiff through the deceased C only with the evidence No. 7 and No. 8 of the evidence No. 8.

B. Meanwhile, the Plaintiff set the interest rate of 12% per annum at the time of lending money to the Defendant.

First of all, there is no evidence to acknowledge this, and even if the amount of the defendant's repayment is appropriated according to the method of appropriation for statutory repayment according to the interest rate claimed by the plaintiff, the loan of 50 million won was finally repaid by the defendant's repayment of KRW 2.4 million on February 24, 2020, as stated in the calculation statement of the amount appropriated.

(c)

Therefore, the plaintiff's claim is without merit.

3. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.

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