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(영문) 대전지방법원홍성지원 2014.12.23 2014가단9427
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff asserts that, on May 2, 2012, the Plaintiff lent KRW 60,000,000 to the Defendant on July 2, 2012 at the rate of 5% per annum, and thereafter, extended the due date to September 15, 2012, but the Defendant did not pay the principal and interest of the loan after the due date. Thus, the Defendant is obliged to pay the Plaintiff the loan amount of KRW 60,00,000,000 and delay damages.

According to the statement in Gap evidence No. 1, the plaintiff transferred KRW 60,000,00 to the agricultural cooperative account under the defendant's name on May 2, 2012.

However, on December 16, 2014, the Plaintiff lent the above loan to C at the request of C, which is the Defendant’s wife, at the first day of pleading on December 16, 2014. Thus, apart from the fact that the Plaintiff may seek the same as the written claim in the purport of the claim, the claim based on the premise that the Defendant borrowed the loan

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

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