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(영문) 서울동부지방법원 2015.01.07 2014가단42715
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion that the plaintiff lent KRW 50 million to the defendant on October 24, 2007. Thus, the defendant is obligated to pay the principal of the loan and delay damages to the plaintiff.

2. In full view of the purport of the entire pleadings, the Plaintiff’s transfer of KRW 50 million to the account in the name of the Defendant on October 24, 2007, by taking account of the Plaintiff’s assertion No. 3 as to the Plaintiff’s assertion.

However, it is insufficient to recognize that the money transferred to the account under the name of the defendant was a loan solely with the descriptions of Gap evidence Nos. 1 and 2, and there is no other evidence to acknowledge it.

(M) In full view of the purport of the entire pleadings in the statement No. 1 of Eul, the money transferred by the plaintiff to the defendant is deemed to have been remitted as part of KRW 700 million of the acquisition price when C and D acquired the shares of Han Construction Co., Ltd. from the defendant). 3. Thus, the plaintiff's claim is dismissed on the ground that it is without merit.

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