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(영문) 서울동부지방법원 2020.08.28 2019가단151478
대여금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

The Plaintiff asserts that, around August 20, 2014, the Plaintiff leased KRW 37,500,000 to the Defendant with the interest rate of KRW 2% (payment on the last day of each month) and the due date of repayment on March 31, 2015, and the Defendant did not repay this. Therefore, the Defendant is obliged to pay the Plaintiff the same amount as the written claim.

However, there is no evidence to acknowledge the plaintiff's assertion [the documentary evidence shall be present at the date for pleading or the date for preparatory pleading and shall be submitted in reality, and this shall also be deemed to have been stated by the complaint attached with documentary evidence (see Supreme Court Decision 91Da15775, Nov. 8, 1991). The same shall apply to cases where the plaintiff submitted a complaint attached with documentary evidence on September 26, 2019, but the plaintiff is deemed to have stated the plaintiff as the plaintiff did not appear on the date for preparatory pleading held on June 19, 2020, while the document attached to the above complaint cannot be deemed to have been submitted as evidence, while the document attached to the above complaint cannot be deemed to have been submitted as evidence. Further, the defendant's claim of this case is dismissed, and it is so decided as per Disposition.

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