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(영문) 서울중앙지방법원 2015.06.03 2014가단5295283
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On September 7, 2012, the Japanese Savings Bank Co., Ltd. (hereinafter “ Japanese Savings Bank”) was declared bankrupt on the basis of the Seoul Central District Court Decision 2012Hahap96, Sept. 7, 2012 and currently under bankruptcy proceedings. The Plaintiff was appointed as the trustee in bankruptcy of the Japanese Savings Bank in the above bankruptcy proceedings.

2. Determination as to the cause of action

A. The Plaintiff initially lent KRW 191,50,000 to the Defendant on March 28, 2003, and thereafter, subsequently, deposited KRW 191,50,000 to the Defendant on April 26, 2011 on several occasions after the first lending of KRW 191,50,00,000 to the Defendant. On April 26, 2011, the Plaintiff claimed against the Defendant for payment of the principal and interest on the following table (as of October 15, 2014) plus KRW 345,049,639, and damages for delay as to the principal amount of KRW 191,50,00 among them.

Interest calculated on the leased principal and interest accrued on the accrued principal, KRW 191,50,000, KRW 96,405,803 won 57,143,836 won 345,049,639 won

B. First, the Plaintiff’s evidence No. 1 (a letter of credit transaction) that corresponds to the Plaintiff’s allegation of lending on April 26, 2011 cannot be said to be admitted as evidence because there is no evidence to acknowledge the establishment of the said petition.

Next, according to the evidence Nos. 4-1 (a letter of credit transaction, the defendant's writing and seal imprint, are presumed to have been authentic) and 2 (a certificate of seal imprint), it is recognized that the defendant prepared or issued a credit limit amount of KRW 191,50,000, credit transaction agreement of KRW 191,500,000, and a certificate of personal seal impression issued directly by the principal around April 12, 2005 to Jeju Mutual Savings Bank (a mutual savings bank on Nov. 3, 2006, and a stock company No. 23, Sept. 23, 2010; hereinafter "Japan Savings Bank") around April 12, 2005.

However, no credit transaction agreement between the Bank and the defendant at the time was concluded.

Even if the above facts are recognized, it is between the Japanese Savings Bank and the defendant.

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