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(영문) 서울남부지방법원 2017.06.08 2016가단229328
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff lent a total of KRW 53 million to the Defendant from April 9, 2010 to September 3, 2010.

On April 12, 2010, the Plaintiff received a loan of KRW 5 million from the Yeongdeungpo-gu Council of the Organization of Yeongdeungpo-gu and from the general affairs division of the Yeongdeungpo-gu Office on the condition of wage deduction. On May 12, 2010, the Plaintiff received a loan of KRW 50 million from our bank on May 12, 2010, and the Defendant decided to repay the principal and interest of the loan.

However, until December 2015, the Defendant repaid only the principal amount of KRW 30 million and interest KRW 10,840,775 with respect to our bank loans, and the Defendant is in arrears from January 2016 to January 2016.

Therefore, the defendant should pay to the plaintiff the remaining principal of the loan amounting to KRW 23 million ( KRW 53 million - KRW 30 million) and damages for delay.

B. Around May 2010, the Defendant asserted that the Plaintiff borrowed KRW 20 million out of KRW 50 million from our bank and promised to pay interest on KRW 50 million on the loan as interest for KRW 20 million.

The Defendant fully repaid the above loans of KRW 20 million to the Plaintiff, and additionally paid KRW 10 million to the Plaintiff is because the Defendant demanded that the borrower, who introduced the Plaintiff, pay the money in lieu of the Defendant.

2. On April 12, 2010, the Plaintiff borrowed KRW 50 million from the Yeongdeungpo-gu High Council of the Yeongdeungpo-gu Office. On June 12, 2010, the Plaintiff borrowed KRW 50 million from our bank on June 12, 2010, and the Defendant paid interest rates for KRW 50 million on behalf of the Defendant, despite the absence of dispute between the parties, or the fact that the Defendant paid the interest rates for KRW 50 million on behalf of the Plaintiff, it is insufficient to recognize that the above facts of recognition and the evidence submitted by the Plaintiff alone leased KRW 53 million to the Defendant exceeding KRW 20 million as the Defendant, and it is otherwise recognized.

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