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(영문) 서울북부지방법원 2015.07.07 2014가단115633
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion and judgment

A. The plaintiff's summary of the plaintiff's assertion that the defendant, who is the second half of 19,00 won, lent a total of KRW 91,60,000 from January 18, 2003 to January 26, 2006, and thereafter, the defendant was paid KRW 11,250,000 on September 20, 206, since the defendant, who is the second half of 2003, borrowed a total of KRW 91,60,000 from November 15, 2004, KRW 10,250,000 on September 20, 206, the defendant claimed that he shall pay the remainder of the loan borrowed amount of KRW 80,350,00 (=91,600,000 - 11,250,000) and damages for delay.

B. According to the statements in Gap's evidence Nos. 1 to 5, 200 won on January 18, 2003, 18,000,000 won on October 17, 2003, 10,000,000 won on November 10, 203, and 20,000 won on February 24, 2004, 06. 0,000,000 won on March 4, 200, 206, 00,000 won on March 6, 200, 19, 10,000,000 won on March 1, 200, 19, 6. 6. 0,000 won on March 6, 200, 100,000 won on April 26, 200, 2005;

However, even if there is no dispute between the parties as to the fact that the amount is the amount of money, the plaintiff alleged that the cause of the receipt of the money was the loan for consumption and that the money was received as the cause of the loan for consumption when the defendant asserts that the cause of the receipt of the money was the cause of the loan for consumption. In light of the above legal principles, the plaintiff has the burden of proving that the money was received as the cause of the loan for consumption. In this case, in light of the above legal principles, the following circumstances, which can be seen as follows: (a) the amount that the plaintiff paid to the defendant was considerably high and long-term, and (b) the documents such as the loan certificate supporting each of the above transactions were not prepared at all; and (b) there was an agreement between the plaintiff and the defendant on the maturity or interest

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