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(영문) 대전지방법원 천안지원 2017.02.08 2016가단108539
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The parties-related plaintiff is C's friendship.

Around January 2007, the Defendant received and operated the “E” clothes store in Seoan-gu, Seoan-gu, Seocheon-si.

B. On January 31, 2007, the Plaintiff related to money transaction deposited KRW 20,000,000 in the Defendant’s account under the name of the Defendant (hereinafter “instant payment”).

On August 24, 2007, the Defendant deposited KRW 300,000 in the Plaintiff’s name account.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap evidence 1 (including branch numbers, if any; hereinafter the same shall apply) and the purport of whole pleadings

2. The parties' assertion;

A. The Plaintiff’s payment of this case was leased to the Defendant.

The interest on the loan is KRW 300,000 per month, that is, 18% per annum (20,000,000 per annum x 18% per annum x 12 months = 300,000 per month).

However, the defendant did not pay all principal and interest to the plaintiff on August 24, 2007, except for the payment of KRW 300,000 as interest.

The plaintiff seeks the payment of the amount stated in the claim to the defendant, which is the sum of principal and interest.

B. The Defendant’s payment of this case is not a loan.

The payment of this case is only part of the partnership business charges that C shall pay to the defendant.

3. Evidence submitted by the Plaintiff to prove that the instant payment was a loan is only evidence Nos. 1 and 2.

However, the evidence alone lacks to recognize that the instant payment was a loan, and there is no other evidence to acknowledge it.

Specific reasons are as follows. A.

The probative value evidence A Nos. 1 and 2 are the Plaintiff’s specific account transaction details.

(See Evidence A Nos. 1 and 2). This specification can only be known to the effect that any money has been deposited and does not directly prove that the money has any character or pretext.

In particular, in relation to the instant case, evidence Nos. 1 and 2 is proved as follows: ① The Plaintiff deposited the instant payment to the Defendant; ② the Defendant deposited the instant payment to the Defendant on August 24, 2007.

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