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(영문) 서울동부지방법원 2016.04.14 2015가단15598
대여금
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. The Plaintiff’s judgment as to the primary claim: (a) upon receipt of a request from the Defendant for a loan of money for business purposes from the Defendant on April 8, 2014 to April 14, 2014; and (b) as to the loan of KRW 99,50,00 in cash or in cash designated by the Defendant or the Defendant from April 8, 2014 to April 14; and (c) as to the loan of KRW 25,00,000 in cash from April 30 to May 4, 2014 to KRW 200,000, the Plaintiff’s assertion that there was no other dispute over the loan of KRW 200,000,000 as to the loan of KRW 10,000,000, the Plaintiff’s assertion that there was no additional loan of money from the Defendant on February 4, 2015 to February 5, 2015 to KRW 20,000.

2. The plaintiff's conjunctive claim is that the defendant carries out the service of "E business" and receives the above money under the name of service cost. Thus, the plaintiff made a false statement to the effect that he borrowed money from the plaintiff as he did not intend to refund the money from the plaintiff, and received the above money from the plaintiff. Since the defendant's act constitutes fraud by deceiving the plaintiff from the plaintiff by deceiving the above money from the plaintiff, the defendant's act constitutes a fraud by deceiving the use of the borrowed money, the defendant is obligated to return the above money by fraudulent act. Thus, there is no evidence to prove that the defendant received the money from the plaintiff by making a false statement to the above purport.

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