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(영문) 부산지방법원동부지원 2015.08.11 2015가단795
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff asserts that he lent KRW 100 million to the defendant and sought payment of KRW 100 million and damages for delay.

According to Gap evidence No. 1, it is recognized that the defendant prepared to the plaintiff a loan certificate with the amount of KRW 100 million, January 11, 2013, interest rate of KRW 3.75 to 10%.

However, according to the overall purport of Gap evidence Nos. 2, Eul evidence Nos. 1 and 5, and Eul's testimony and arguments, the defendant listens to the statement that he had invested money from Eul prior to this point of view to D, and introduced Eul, which was close to ordinary times, while making such a statement, and the plaintiff decided to invest KRW 100 million in Eul next to this point of view. However, the plaintiff's statement that D's investment money was deposited into E's account as an accounting employee, and that it would be uneasible to deliver the investment money to D, and that 50 million won was transferred to the defendant's account on Jan. 10, 2013, and 200,000 won was transferred to the defendant's account No. 300,000 won, and 200,000 won was transferred to the defendant's account, and the plaintiff's statement that 100,000 won was transferred to the plaintiff's account and 100,0000,00 won was transferred to the plaintiff's account.

Although the defendant prepared a 100 million won loan certificate to the plaintiff, the plaintiff and the defendant shall pay money to the plaintiff.

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