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(영문) 부산지방법원 2015.07.09 2014가합16541
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On June 12, 1999, the Plaintiff loaned 80,000,000 won to the Defendant with interest of 1.5% per annum (18%) per annum, and the Defendant is obligated to pay to the Plaintiff the interest of 80,000,000 won per annum and interest of 148,80,000 won per annum from June 12, 199 to October 12, 2014, and delay damages.

The evidence No. 1 cannot be used as evidence unless there is any evidence to prove the fact that the stamp image next to the defendant's name, as stated in the evidence No. 1 (the tea certificate), is based on the seal of the defendant. The evidence No. 1 cannot be used as evidence unless there is any evidence to prove the fact that the defendant prepared it. According to the evidence No. 2, the plaintiff's provisional seizure registration for the land and housing of the Busan Young-gu, Busan, with the claim amount of KRW 80 million as of March 5, 2003, was completed. However, it is insufficient to confirm the fact that the defendant borrowed KRW 80,000 from the plaintiff. There is no evidence to prove that the plaintiff borrowed KRW 80,00,000 from the plaintiff as the mother of the plaintiff and the defendant borrowed KRW 80,000 from the plaintiff as the house purchase fund, and there is no evidence to prove the fact that the plaintiff lent the above money to the defendant.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

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