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(영문) 서울중앙지방법원 2017.07.13 2016가단129194
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion is liable for the Defendant to pay the Plaintiff the loan amounting to KRW 145 million and damages for delay, since the Plaintiff lent the total amount of KRW 75 million on September 12, 2013, and KRW 145 million on October 4, 2013, to the Defendant, via a bankruptcy settlement agreement, and KRW 70 million on October 4, 2013.

B. We cannot accept the Plaintiff’s assertion that differs from the above premise, inasmuch as there is no clear evidence to acknowledge the fact that the Plaintiff lent KRW 145 million to the Defendant by the above method, solely on the basis of each of the written evidence of Nos. 1 through 5 (including the number of branch numbers).

2. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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