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(영문) 서울동부지방법원 2016.07.19 2015가단27584
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 asserted that he lent KRW 50 million to the defendant around February 2006 between the defendant and the university Dong-dong, and around February 2008, the plaintiff paid KRW 50 million to the defendant.

After that, in the event of the presidential election of Mongolia in 2009, the plaintiff listened to the statement that Mongolian money would accrue from the defendant, and then borrowed KRW 50 million again to the defendant on January 15, 2009.

Therefore, the Defendant is obligated to pay the Plaintiff a loan of KRW 50 million and damages for delay.

B. According to Gap evidence No. 1-4, it can be acknowledged that the plaintiff remitted 50 million won to the defendant on January 15, 2009. However, in light of the following circumstances, i.e., the money that the plaintiff remitted to the defendant from around 2006 to January 15, 2009, including the above 50 million won, 73,605,700 won, and the money that the plaintiff transferred to the defendant for the same period was transferred to the defendant for 108,734,000 won in total, and 50 million won in total, 200,000 won in the name of the defendant's account as at the time of lending to the defendant around 206, 200, 3608, 207, 2008, 300,000 won in the above account under the plaintiff's name as at the time of lending to the defendant's account.

2. The plaintiff's claim of this case is dismissed as it is without merit. It is so ordered as per Disposition.

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