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(영문) 서울중앙지방법원 2015.04.23 2014가단160214
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. On November 18, 2013, the Defendant drafted and delivered a loan certificate of KRW 150 million (Evidence A) to the Plaintiff, and the said loan certificate states, “The amount of KRW 30,000 shall be three hundred and twenty million, and the actual payment interest rate shall be KRW 10,220,000,000, if not, the interest rate for KRW 150,000 shall be paid (including principal).”

B. The Plaintiff lent KRW 120,000 to the Defendant on the same day, and thereafter received the above loans and interest from the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings

2. The assertion and judgment

A. At the time of lending KRW 120,000 to the Defendant, the Plaintiff claimed employment of KRW 30,000 and paid KRW 30,000 to E.

The defendant promised to accept D as a suspended source and ordered D to return KRW 1,50,000,000 including KRW 3,000,000 if he/she fails to comply with it, and prepared the above loan certificate.

Since D was employed as a temporary employee of Cuniversity business incubator, it is too different from the original working environment and benefits, the defendant ultimately violated the above commitments.

Therefore, the plaintiff should return 25 million won after deducting 5 million won returned from E among 30 million won.

B. According to the evidence revealed earlier, if the Defendant did not find employment as the Plaintiff’s child, it is recognized that the Defendant returned additional KRW 30 million in addition to the above loan amounting to KRW 120 million.

However, around December 18, 2013, D was employed as a temporary employee of the business incubator of the Gangnam District University, and served for a period of two months, is not disputed between the parties or recognized by witness E’s testimony. Furthermore, if D was not immediately employed as a honest, the above 30,000 won should be returned to the Plaintiff’s assertion.

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