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(영문) 서울북부지방법원 2016.11.10 2016가합20187
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 plaintiff and the defendant are the relationships between the plaintiff and the defendant.

B. From April 28, 2006 to November 9, 2007, the Plaintiff transferred a total of KRW 504,000,000 to the Defendant’s account by 18 times. The Defendant transferred KRW 253,700,000 to the Plaintiff’s account from June 2, 2006 to 16 times from January 28, 2008.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 22, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion 1) The plaintiff lent a total of KRW 504,00,000 to the defendant 18 times, and the defendant is obligated to pay 245,00,000 won to the defendant for the principal nine times from June 2, 2006 to November 9, 2007, and interest of KRW 87,00,000 to seven times from May 27, 2006 to January 28, 2008, the plaintiff agreed with the defendant to pay interest of KRW 2-3% per annum. The defendant paid the remaining loan principal KRW 259,00,000 to the plaintiff, and the defendant is obligated to pay damages to the plaintiff for delay at the rate of KRW 15,500,000 per annum from the day following the date of delivery of the purport of the claim and the cause of the claim to the plaintiff, and even if the defendant is obligated to pay damages to the plaintiff's 301,500,0000 won per annum.

B. Of the loans alleged by the Defendant 1, KRW 150,00,000, the Defendant’s assertion, not the loan, was transferred to pay the purchase price to the Plaintiff on behalf of the Plaintiff, and the Defendant paid the said money with the sale price in accordance with the purport of delegation by the Plaintiff.

The plaintiff is not a loan in relation to this, but the defendant's default on the delegation contract.

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