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(영문) 서울중앙지방법원 2018.12.13 2018가단5026621
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On May 10, 2013, the Plaintiff’s assertion lent KRW 75,00,000 in total to the Defendant three times on three occasions, and was paid KRW 20,000 on December 18, 2013, and was issued a promissory note from the Defendant regarding the balance of the loan amounting to KRW 60,000,000 on March 10, 2014.

The Defendant is obligated to pay the Plaintiff KRW 60,000,000,000.

2. Determination

A. According to the statements in Gap evidence Nos. 1 through 3, the defendant: (a) written each of the 35,000,000 won on May 10, 2013 (on November 9, 2013, the payment period); (b) a certificate of loan of 15,00,000 won (on February 14, 2014, the payment period); and (c) a certificate of loan of 25,000,000 won (on February 14, 2014, the payment period) respectively; (b) the plaintiff remitted 5,00,000,00 won to C’s account on March 10, 2014; and (c) the defendant issued a promissory note issued and issued on March 9, 2015.

B. However, the following circumstances, i.e., the statement in Eul evidence Nos. 1 through 5, which is acknowledged as a whole by adding the whole purport of the pleadings, i.e., the above loan No. 1 stated the date of preparation; however, there is no evidence to prove the fact that the loan was actually forwarded to the defendant on that date; the above No. 2 and No. 3 are not indicated on the date of preparation; there is no evidence to prove the fact that the plaintiff actually delivered or remitted the amount under each loan No. 2014Ga1073, Dec. 21, 201; the court requested the defendant to pay the principal of the loan No. 30,000,000,000 won as the loan No. 15,000,000,000 won as the loan No. 6305, Dec. 21, 201; and each of the above loan No. 6305, Dec. 30, 2001;

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