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(영문) 전주지방법원 2018.08.22 2017가단16763
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of the instant claim by the Plaintiff

A. The Plaintiff, on November 24, 2015 and December 15, 2015, lent a total of KRW 195 million to the Defendant on the ground of the instant claim (i.e., KRW 100 million) at 12% per annum. During that period, the Plaintiff received a refund of KRW 11.4 million out of the interest accrued from the Defendant and sought a return of the amount from the Defendant’s remainder of the principal and interest on the loan.

B. Therefore, it is difficult to see whether the other party to a monetary loan agreement that lends a sum of KRW 195 million to the Defendant can be determined as “the Plaintiff” as above. In light of the partial entries in B7 and witness D’s partial testimony supporting this point, it is difficult to readily believe that some of the statements in Gap 1, 2-2, 3, 4-1, 4-2, 9-1, 9-2, and 10 are insufficient to recognize this point. Since there is no other evidence to acknowledge this, the above assertion that the Plaintiff walk is difficult to accept without the need to further examine.

2. According to the conclusion, the Plaintiff’s claim for the return of the principal and interest of the instant loan is rejected.

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