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(영문) 서울중앙지방법원 2017.09.11 2016가단10092
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The plaintiff asserted around July 14, 2006 lent KRW 40,000 to the defendant B and C with interest of KRW 30,000 per month and the due date on August 14, 2006. However, the above defendants did not repay the above loan obligations.

around November 2006, Defendant D promised to pay to the Plaintiff KRW 15,000,000, out of the borrowed money of Defendant B and C, until October 30, 2007, as the above Defendants, and promised on September 14, 2007 to pay KRW 15,000,000 out of the borrowed money of the above Defendants until October 30, 2007.

2. According to the statement in Gap evidence No. 1, defendant B, E, and F, it is recognized that the defendant B, and Eul prepared a cash borrowed certificate on July 14, 2006 stating "40,00,00 won for interest, 3% for interest, 200% for interest, August 14, 2006 with the maturity date, and creditors G." According to the above facts, there is no evidence to support that the person who lent money to the defendant B, and C around July 14, 2006 was determined as G, and otherwise the plaintiff received the claim from G, and the plaintiff's claim against the defendant B and C is without merit, and the plaintiff's claim against the defendant D on the premise that the plaintiff is the creditor against the defendant B and C without any further need to examine it.

3. Thus, the plaintiff's claim against the defendants is dismissed as it is without merit. It is so decided as per Disposition.

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