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(영문) 서울북부지방법원 2015.06.30 2014가단103838
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The allegations and judgment of the parties

A. The Plaintiff asserts that, on February 10, 2014, the Plaintiff entered into a loan application agreement with the Defendant for a loan of KRW 27,60,000, interest rate of KRW 16.4% per annum, overdue interest rate of KRW 28.4% per annum, and KRW 27,600,000 on the same day (hereinafter “instant loan agreement”), and sought a return of money, such as the purport of the claim.

In this regard, the defendant asserts that the loan contract of this case was not entered into with the plaintiff, and that the non-party B entered into the loan contract of this case by stealing the defendant's name.

B. Based on the judgment, the Plaintiff’s claim of this case is without merit, since there is no evidence to acknowledge the authenticity of the petition No. 1 (a loan application) and there is no evidence to acknowledge that the Plaintiff concluded the loan contract of this case with the Defendant only with the evidence Nos. 5 through 11. The Plaintiff’s claim of this case is without merit.

2. Thus, the plaintiff's claim of this case is dismissed. It is so decided as per Disposition.

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