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(영문) 서울중앙지방법원 2014.10.30 2014가합869
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is the plaintiff's natives.

B. The Plaintiff was drafted in the name of the Defendant: ① interest of KRW 85,00,00 from the Plaintiff on March 27, 2004, KRW 1% per month; the maturity date on March 31, 2005; ② a certificate of borrowing from the Plaintiff on March 27, 2005 (hereinafter “certificate of borrowing from the Plaintiff on March 27, 2004”); ② the Defendant’s interest of KRW 125,00,000 from the Plaintiff on February 23, 2005; and each of the above certificates of borrowing from the Plaintiff on May 23, 2005 (No. 2; hereinafter “certificate of borrowing from the Plaintiff on February 23, 2005”); and each of the above certificates of borrowing from the Plaintiff on May 23, 2005 (hereinafter “each of the above certificates of borrowing”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Gap evidence 2

2. Judgment on the plaintiff's claim

A. The plaintiff asserted as the cause of the claim of this case. In order to pay the goods necessary for the defendant's food distribution business on March 27, 2004, he entered into a monetary loan agreement with the defendant to lend 85,000,000 won with interest rate of 12% per annum and one year after the due date, and entered into a loan agreement with the defendant. The above interest rate of 30,000,000 won was 1,000,000 won with interest rate of 1,000,000 won, 205,000,000 won with interest rate of 1,00,000,000 won with interest rate of 1,00,000 won with 1,00,000,000 won with interest rate of 1,00,000,000 won with 20,005,000 won with the above additional loan and interest rate of 1,005,205.

(b) the stamp image of the person in whose name the determination is made on the one document is affixed is the seal of that person;

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