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(영문) 서울중앙지방법원 2013.06.27 2012가합94624
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On August 6, 2012, the Plaintiff transferred KRW 30 million to the account under the name of the Defendant, KRW 70 million on September 18, 2012, KRW 30 million on September 19, 2012, and KRW 130 million on September 19, 2012.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1-3, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) The Plaintiff: (a) on August 6, 2012, KRW 30 million; (b) on September 18, 2012, KRW 70 million; (c) on September 19, 2012, KRW 130 million; and (d) on September 19, 2012, KRW 130 million; (b) on the basis of interest, the Plaintiff leased the Plaintiff at the Defendant’s expense of KRW 700,00 or KRW 80,000 per month; and (c) on the basis of interest, the Plaintiff was liable to pay the Plaintiff the loan amount of KRW 130,000,000 and KRW 130,000 per month; and (d) on this basis, the Defendant is obligated to pay the Plaintiff damages for delay from the day following the delivery of the copy of the instant complaint to the day of full payment. (ii) The Defendant’s assertion was de facto de facto

The amount of KRW 30 million paid by the Plaintiff to the Defendant on August 6, 2012 is the amount that the Plaintiff agreed to pay the Defendant’s obligation to Defendant D on behalf of the Plaintiff. The amount of KRW 70 million that the Plaintiff paid to the Defendant on September 18, 2012 was paid to the Defendant as KRW 70 million when the Plaintiff decided to operate a trading. The amount of KRW 30 million paid by the Plaintiff to the Defendant on September 19, 2012 was paid to the Plaintiff as KRW 30 million. The Defendant did not borrow money from the Plaintiff.

B. As seen earlier, the Plaintiff transferred KRW 130 million to the Defendant. However, it is insufficient to recognize that the above acknowledged facts and the evidence submitted by the Plaintiff alone lent the above KRW 130 million to the Defendant.

The plaintiff's assertion is without merit.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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