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(영문) 서울남부지방법원 2014.12.17 2014가단22738
대여금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff asserted that the Plaintiff lent KRW 134,30,000 to Defendant C on six occasions from April 22, 2006 to March 6, 2009, and recovered KRW 14,330,000,000 among them. Defendant B drafted and issued the Plaintiff’s 30 million loan certificate (hereinafter “instant loan certificate”) as of September 7, 2009.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 30 million and damages for delay.

B. The Defendants’ assertion on December 4, 2008, issued a loan certificate and borrowed KRW 70 million from the Plaintiff, but thereafter, paid KRW 75 million by adding interest to interest.

The Plaintiff’s assertion to the effect that, compared to the remittance amount between the Plaintiff and the Defendant, the Defendants’ loans are not reasonable, since the amount of the money remitted to the Plaintiff is much more than that of the Plaintiff.

Around June 2009, Defendant C borrowed KRW 30 million from E, and prepared a certificate of loan under the name of Defendant D, the spouse, and was kept for the purpose of delivering it to the above E. However, the Plaintiff, who had been in an internal-related relationship at the time, was in possession of the certificate of loan theft.

C. In light of the following circumstances, the evidence submitted by the Plaintiff alone is insufficient to acknowledge the cause of claim, and there is no other evidence, and the Plaintiff’s assertion is groundless

o. According to the evidence Nos. 1 and 9, the loan certificate in this case is acknowledged as having received the money of KRW 30 million from E on June 29, 2009, which was the time when the loan certificate in this case was prepared, without stating the name of the person who received the money, and the defendant C received the money of KRW 30 million from E on June 29, 2009, which was the time when the loan certificate in this case was prepared. The above circumstance is consistent with the defendant's defense that the money of KRW 30 million was prepared in the name of the spouse for the purpose of delivering it to E who borrowed KRW 30 million.

o The Plaintiff loaned KRW 134.3 million to Defendant C, and KRW 14.3 million among them.

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