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(영문) 수원지방법원성남지원 2016.02.05 2013가단205326
대여금
Text

1. The claim of this case is dismissed.

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

Reasons

1. On August 18, 2012, the Defendant borrowed KRW 50 million from the Plaintiff as of August 18, 2012, at approximately seven to ten (7) days after the date of repayment from the date of loan.

Although the Plaintiff notified the Defendant of the repayment of the above loan, the Plaintiff paid only KRW 38 million out of the above loan from the Defendant. Therefore, the Defendant is obligated to pay the Plaintiff the remainder of the loan and delay damages.

2. Each statement of Gap evidence Nos. 1 through 7, 9, 11, and 15 (including paper numbers; hereinafter the same shall apply) is difficult to find that the defendant borrowed 50 million won from the plaintiff, and there is no other evidence to find otherwise.

According to Gap evidence Nos. 3 and 4, it is recognized that the defendant prepared and delivered each certificate of borrowing that the defendant would pay to the plaintiff the amount of KRW 2.5 million up to December 2012, the remainder of KRW 2.5 million up to January 2013, and the amount of KRW 3 million up to October 17, 2012 up to October 17, 2012.

Even if the Plaintiff lent a total of KRW 8 million to the Defendant based on each of the above loans (i.e., KRW 5 million) on the basis of each of the above loans, the Plaintiff is a person who received a total of KRW 38 million from the Defendant during the period from November 12, 2012 to November 4, 2015, and the fact that the Plaintiff received reimbursement of KRW 38 million from the Defendant is difficult to view that the Defendant had the remainder of the loans to be paid to the Plaintiff solely based on the facts acknowledged earlier.

The claim of this case is dismissed as it is without merit.

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