logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.05.20 2014가합58500
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the parties' arguments;

A. The Plaintiff asserts that on November 26, 2004, the Defendant lent KRW 100,000,000 to the Defendant’s account under the name of the National Bank.

B. Of KRW 100,000,000 paid by the plaintiff, the defendant paid KRW 50,000,000 to the plaintiff on June 10, 2004. The remainder of KRW 50,000,000 to the plaintiff on June 10, 2004 is the loan from the plaintiff. However, the defendant claimed that on February 25, 2005, the defendant paid KRW 20,000,000 from the preparatory documents. However, according to the evidence Nos. 3-1 and 8-2 of the evidence No. 3, the defendant appears to have paid KRW 50,00 on February 25, 2005.

The assertion that the repayment of KRW 10,00,000 on August 15, 2005, and KRW 10,000 on October 24, 2005, respectively, was made.

2. Determination

A. On November 26, 2004, the Plaintiff leased KRW 50 million to the Defendant on November 26, 2004, since there is no dispute between the parties, the Defendant is obligated to pay the above loan (hereinafter “instant loan”) and damages for delay.

(1) The plaintiff asserted that the loan is also a loan of KRW 50,00,000,00, which was paid to the national bank account in the name of the defendant on November 26, 2004. However, considering the fact that the above money was paid to the above account only with the statement in subparagraph 1-1 and witness C's testimony, it is not sufficient to acknowledge the fact that a monetary loan contract was concluded between the plaintiff and the defendant, and there is no other evidence to acknowledge it, the plaintiff's allegation in this part is without merit).

The defendant's assertion asserts that the plaintiff paid 10,000,000 won cashier's checks to the plaintiff all of the loans of this case.

The following facts are revealed in light of the order to submit financial transaction information as of September 18, 2015 to the National Bank of this Court and the purport of the entire pleadings, and each order to submit financial transaction information as of October 2, 2015 to the Nonghyup Bank of this Court as of September 2, 2015.

arrow