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(영문) 서울중앙지방법원 2016.02.15 2015가단72451
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff lent KRW 56 million to the Defendant on April 18, 2005. However, the Plaintiff claimed that the Plaintiff is liable to pay the remainder KRW 26 million and the delay damages from the date following the delivery of a copy of the complaint. The Plaintiff asserted that: (a) the Plaintiff is liable to pay the remainder KRW 26 million and the delay damages from the date of delivery of a copy of the complaint.

As to this, the Defendant received money from the Plaintiff, but did not borrow money, and requested the return of the said money around June 2014, and paid KRW 18 million on June 10, 2014. The Defendant paid KRW 18 million on June 11, 2014 to the Plaintiff that the remainder would be exempted if the Plaintiff paid KRW 18 million. The Plaintiff requested to lend KRW 5 million on August 26, 2014, and requested that the Defendant pay KRW 200,000,000,000,000 to the Plaintiff and paid KRW 3 million to C. Rather, the Defendant asserted that the Plaintiff had a loan claim amounting to KRW 5 million.5 million.

The plaintiff's evidence No. 1 alone is insufficient to acknowledge the fact that the plaintiff lent the above amount to the defendant, and there is no other evidence to prove it. Thus, the plaintiff's above assertion is without merit.

(q) In addition, according to the output data submitted by the Defendant along with the written reply, the Plaintiff sent the text message to the Defendant on June 11, 2014, “If the Plaintiff sent to the Defendant by no later than 18 days a gold day, it would have never been sent to the Defendant through the account from the DF on April 18, 2005, and would not be re-written.” Even if the amount was leased by the Defendant, it would be reasonable to view that the Plaintiff was exempted from the remainder after receiving the return of KRW 18 million on June 11, 2014. Therefore, the Plaintiff’s claim of this case is dismissed as it is without merit.

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