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(영문) 서울동부지방법원 2016.06.17 2015가단118213
대여금
Text

1. The plaintiff's claim is dismissed. 2. Costs of lawsuit are assessed against the plaintiff.

Reasons

1. Judgment on the plaintiff's claim

A. The plaintiff asserted that the plaintiff lent KRW 150 million to the defendant's new bank account on June 30, 2004, KRW 20 million on July 28, 2004, and KRW 150 million on September 24, 2004 (hereinafter "the money of this case") to the defendant's new bank account. The plaintiff was paid KRW 80 million from January 13, 2005 to February 27, 2006, and was not paid KRW 70 million.

B. We examine the facts that the plaintiff transferred a total of KRW 150 million to the defendant's new bank account on June 30, 2004, KRW 50 million on July 28, 2004, KRW 1250 million on September 24, 2004, and KRW 150 million on September 24, 2004 to the defendant's new bank account. However, there is no dispute between the parties as to whether the plaintiff lent the money of this case, and there is no document of disposal such as the loan certificate as to the money of this case claimed by the plaintiff to the defendant. Since the plaintiff and the defendant sent a joint name around October 16, 2006 to C the principal amount of KRW 630 million on the loan of this case and interest KRW 80 million on the loan of KRW 710 million,000,000 on the loan of this case, there is no evidence to acknowledge the return of each of the plaintiff's loan of this case to the defendant's new bank account.

Even if the Plaintiff’s claim was given the nature of the instant money, the Defendant asserts that the Plaintiff’s claim for loans against the Defendant was extinguished by prescription of five years after the lapse of the statute of limitations.

The act is caused by a commercial activity for both of the parties.

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