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(영문) 서울중앙지방법원 2015.10.23 2014가합35421
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the friendship of C, who is the former wife of the Defendant, and is close to the Defendant of Pyeongtaek, and the Defendant was engaged in the livestock distribution business with the trade name of “E” in Dongdaemun-gu Seoul, Dongdaemun-gu.

B. F is a person who is a substantial operator of G Co., Ltd. (hereinafter “G”) and a person who operated a restaurant in the name of “I” in the Dong-gu, Ansan-si.

C. On November 9, 2011, the Plaintiff remitted KRW 60 million to G bank account, and KRW 20 million on November 18, 201 of the same month, respectively, and the Defendant delivered KRW 150 million to F on November 9, 201.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings

2. The judgment of this Court

A. The Plaintiff asserted 1) The Plaintiff loaned KRW 30 million to G on November 9, 201 as interest rate of KRW 30 million to G, by means of directly remitting the Defendant’s insufficient funds of KRW 180 million to G at his request. From December 2011 to April 2012, the Plaintiff received KRW 500,000 to KRW 180,000 per month interest rate of KRW 500,000 per month from the Defendant’s interest rate of KRW 180,000 to KRW 300,000,000 per annum. Accordingly, the Plaintiff asserted that the Defendant’s repayment of KRW 180,000 to KRW 300,000 per annum was necessary by the Defendant’s agreement and interest rate of KRW 300,000,000 from March 27, 2014.

The defendant's statement that "the defendant lends money in the name of the defendant to avoid knife, and the defendant collects interest and distributes it to the plaintiff."

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