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(영문) 서울중앙지방법원 2014.09.18 2013가단320200
대여금반환
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. The Plaintiff’s assertion (i.e., April 19, 2007) determined and lent KRW 45,000 to the Defendant at the interest rate of KRW 2% per month and October 19, 2007.

Luxembourg loaned money to the Plaintiff for the purpose of the business fund. At the time, the Defendant requested that C had no money owned by the Plaintiff and lent the money to C to the Plaintiff by requesting that C had no money owned by the Plaintiff.

Secondly, the defendant is not obliged to pay the principal and interest of the above loan to the plaintiff, and the defendant is obligated to pay the plaintiff the above loan amount of KRW 45,000,000, interest and delay damages.

B. The Defendant’s assertion (i.e., remittance of KRW 45,00,00 from C to the Defendant’s deposit account; however, the said money is not only KRW 25,000,000,000 that the Plaintiff would give to D with respect to the sale of cultural content compact retail shops located in Mapo-gu Seoul Metropolitan Government, and the mother of the Defendant would give to D with respect to the sale of cultural content compact retail shops, and there is no money borrowed from the Plaintiff.

Dor, the plaintiff's claim of this case is without merit.

2. Judgment on the plaintiff's assertion

A. On April 19, 2007, the fact that the sum of KRW 20,000,000, 25,000,000 was remitted from the deposit account in the name of the defendant on April 19, 200 to the deposit account in the name of the defendant was remitted is no dispute between the parties.

B. Furthermore, each statement of evidence Nos. 1 and 2 on whether the above money was leased to the Defendant is insufficient to acknowledge it, and there is no other evidence to acknowledge it.

3. 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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