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(영문) 서울서부지방법원 2020.05.27 2019가단16539
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserted that since early 2007, when operating the "D Licensed Real Estate Agent Office" in Seodaemun-gu Seoul from the beginning, the trust relationship was formed with the defendant as a single joint real estate transaction with the defendant who operated the "E" in the neighboring area, the defendant would receive interest, and that if the defendant lends money to the defendant, he would pay interest, he would pay interest on the amount of 70,000,000 won in total from June 2007 to the mid-208.

In regard to this, the Defendant merely received the above money from the Plaintiff from the Plaintiff to the Defendant’s account, and delivered it to the F. Even if not, the Plaintiff’s loan claim expired after the lapse of five (5) years from December 30, 2008, when the Plaintiff received interest.

2. Determination

A. According to the evidence evidence Nos. 1, 2, 4 through 6, 7-1, 2, and 10 of the evidence Nos. 1, 2, and 7, the defendant filed an application against F for a payment order claiming payment of KRW 390,00,000 with the Seoul Central District Court Decision 2012 tea30824 on May 9, 2012. After being transferred to the proceedings and served by public notice, the same court rendered a judgment on May 16, 2013 that "F shall pay to the defendant KRW 390,00,000 and delay damages thereof," and the defendant issued a collection order against F as KRW 424,619,076 on the basis of the above final judgment with the claim amount as KRW 424,619,075 on the bonds and collection order as KRW 200,000 on the bonds deposited and returned by public notice, and the court issued a new collection order against G23,0130,205,28.201.

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