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(영문) 서울서부지방법원 2016.04.05 2015가단29063
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Upon C’s request by a de facto marital relationship, the Plaintiff asserted that the interest was set at 1.8% per annum (21.6% per annum) from December 5, 2008 to May 10, 2012 and lent KRW 28,50,000 to the Defendant.

However, the Defendant only repaid KRW 5,00,000 on March 8, 2010 and did not repay the remainder of KRW 23,50,000,000. Thus, the Defendant sought the payment of the above loans and interest or damages for delay.

2. In full view of the purport of the entire pleadings as to the statement No. 1 of the judgment, it is recognized that the Plaintiff transferred KRW 28,500,000,000 to the new bank account under the name of the Defendant on December 5, 2008, and KRW 8,500,000 on April 5, 2010, and KRW 10,000 on May 10, 2012.

However, in full view of the following circumstances: (a) the money transferred to the account under the name of the Defendant is transferred to the account in the name of the Defendant on the same day; and (b) C transfers the money in the name of the Defendant’s bank account from January 5, 2009 to January 10, 2014 using the Plaintiff’s name to the Plaintiff’s bank account; (c) it is difficult to avoid the possibility that C was deceiving the Plaintiff as if the Defendant borrowed the said money as if the Defendant borrowed the said money, and there is no other evidence to acknowledge this.

3. The plaintiff's claim for the conclusion is dismissed on the ground that it is without merit.

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