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(영문) 대전지방법원 2018.01.26 2016가단217496
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. On September 28, 2009, the Plaintiff lent KRW 30,000,000 to the Defendant with one’s friendship C (hereinafter “the first loan”) and lent KRW 20,000,000 on December 25, 2010 (hereinafter “the second loan”).

From October 29, 2009 to November 10, 2011, the Defendant deposited money in the deposit account (Account Number D; hereinafter “instant deposit account”) in the Plaintiff’s name as shown in the attached Table 1.

C. In addition, from April 9, 2011 to July 17, 2012, the Defendant deposited money in the account of a post office in the name of C (Account Number E; hereinafter “instant post office account”) as shown in the attached Table 2.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 3, purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff asserted that: (a) from October 2009 to October 1, 2009, the interest rate of the first loan was 10% per annum; (b) the Defendant received 250,000 won (=30,000,000 x 1/12 x 1/12) monthly interest rate of the second loan x 12% per annum; (c) the Defendant determined the interest rate of the second loan as 450,000 won (=250,000 interest rate of the first loan 250,000 won) monthly interest rate of the second loan x 12% x 12% x 12%; and (d) the Defendant asserted that 2010,000 won was not paid to the Plaintiff as the principal and interest rate of the second loan x 250,000 won, and that the Defendant did not have an obligation to pay the second loan 10,2010 won to the Plaintiff.

B. As alleged by the Plaintiff, whether there exists a interest agreement or not, i.e., the loan between the Plaintiff and the Defendant 1 and the second loan.

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