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Reasons
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(영문) 대전지방법원 홍성지원 2017.01.25 2016가합254
대여금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Around March 2006, the defendant, the former wife of C, the plaintiff's assertion, lent money to the plaintiff as necessary to abolish and purchase scrap metal. The plaintiff extended money to the defendant from March 2006 to March 2006.

5. Until February 2, 2000, a total of KRW 450 million was 2% per month interest and a total of KRW 450 million was 2~3 months after the due date.

However, the defendant has not yet paid the amount equivalent to KRW 280 million out of the above loans, and there is a duty to pay the remaining loan amount of KRW 280 million to the plaintiff and damages for delay.

2. In full view of the purport of the entire pleadings as to the order to submit financial transaction information to the IBK Bank, the plaintiff's judgment is based on the following:

5. 29.45 million won, per year;

6. 15.20 million won, and the same year;

6. 26.26.20 million won, and the same year.

8.7.10 million won, and the same year;

8. The fact that each remitted total of KRW 145 million, including KRW 20 million, is recognized.

However, each of the statements in Eul evidence Nos. 1 and 2 states the following circumstances, i.e., the statement that the plaintiff lent KRW 450 million to the defendant, and no disposal document exists, such as a loan certificate stating that the plaintiff lent KRW 450 million to the defendant; on the other hand, on July 17, 2012, the plaintiff prepared a letter that "the plaintiff would pay the defendant the principal and interest of KRW 30 million which the plaintiff borrowed to the defendant until September 5, 2012," and then issued a promissory note with a face value of KRW 30 million at that time, and at that time there was no other document that the plaintiff urged the payment even though the defendant did not repay a large amount of KRW 280 million for about 10 years.

5. On the contrary, the Plaintiff asserts that up to February 1, 2000,000 won was lent to the Defendant, and on the contrary, the amount of money to the Defendant, with the exception of the aggregate of KRW 145 million.5 million.

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