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(영문) 서울중앙지방법원 2015.01.14 2014가단12193
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. The plaintiff asserts that the plaintiff lent KRW 5,00,000,000 on June 19, 2009, and KRW 30,000,000 on December 14, 2009, and KRW 10,000,000 on December 14, 2009, and was not repaid KRW 65,00,000 on June 19, 200.2) The defendant claimed that the plaintiff was paid KRW 10,000 on June 19, 200, KRW 30,000 on December 14, 200, and KRW 60,000 on June 19, 200, KRW 200,00 from the plaintiff's principal and KRW 30,000 on June 14, 200, and 200 on September 205, 200.

B. In full view of the following circumstances, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the money transaction between the Plaintiff and the Defendant was a loan, and there is no other evidence to acknowledge otherwise.

1) Not only the Plaintiff and the Defendant did not have a loan certificate but also did not have an agreement on the maturity or interest rate of 40,000,000 won which can be inferred as a loan. 2) According to the Plaintiff’s assertion, the Plaintiff lent 40,000,000 won to 30,000 won at the end of 6 months after the previous 6 months. It is not easily accepted that the Plaintiff again lent 30,000,000 won or more without preparing a loan certificate and without having agreed on the maturity of 40,000 won at the end of 207. 3.

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