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(영문) 서울중앙지방법원 2014.06.13 2013가단320613
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Claims as to the cause of claim;

A. On October 23, 2002, the Plaintiff lent KRW 50 million to the Defendant.

At the time, until April 2004, the defendant decided to pay the above principal plus 30% interest.

B. On June 10, 2004, the Defendant repaid the Plaintiff KRW 10 million.

The above money was appropriated for the interest of KRW 15 million.

C. Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from the day following the day when the original copy of the instant payment order was served on the Defendant to the day of complete payment with regard to KRW 55 million with respect to the above loan principal and accrued interest KRW 5 million with respect to KRW 55 million with respect to the principal and KRW 50 million with respect to the Plaintiff.

2. The fact that the Plaintiff remitted KRW 50 million to the Defendant on October 23, 2002, and that the Defendant remitted KRW 10 million to the Plaintiff on June 10, 2004 does not dispute between the parties, but with respect to the fact that the above KRW 50 million was lent to the Defendant on June 10, 2004, each statement of evidence Nos. 1 through 4 (including the serial number) is insufficient to recognize it, and there is no other evidence to acknowledge the fact of lending.

Rather, according to the statements in Gap evidence 2-1 to 3 and witness Eul's testimony, the above money seems to have been invested by the plaintiff in the defendant's commercial sales business.

The plaintiff's assertion is without merit.

3. The plaintiff's claim is dismissed.

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