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(영문) 서울동부지방법원 2017.05.19 2016가단125669
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. Under the Defendant’s involvement, the Plaintiff agreed to lend KRW 60 million on March 14, 2013 to the interest rate of KRW 2%, and KRW 60 million on April 30, 2013. At the time, the Defendant transferred the loan to the Nonparty C deposit account in the name of Nonparty C, which the Defendant informed. At the time, the Defendant provided the Plaintiff with a prior interest of KRW 1.8 million up to the due date for payment of the loan, and D Co., Ltd. (hereinafter “D”) with the Defendant’s endorsement of KRW 60 million, and one promissory note as of April 30, 2013 with KRW 60,000,000 issued on April 30, 2013, KRW 60,000 as interest rate of KRW 20,000 on March 20, 2013, KRW 60,000,000 under the Defendant’s deposit account as of KRW 30,000,000.

(B) Each of the above loans amounting to KRW 120 million (hereinafter referred to as “instant loan,” and each of the said promissory notes, “the instant Promissory Notes”).

While the Plaintiff was unable to receive the instant loan on August 21, 2013, the Plaintiff asserted that, with the Defendant, C was the sum of KRW 260 million in face value in the name of D Co., Ltd. issued by D Co., Ltd. and KRW 260 million, the Plaintiff claimed that the sum of KRW 120 million in the instant loan, and KRW 143 million in E’s loan, and the Defendant claimed that the sum of KRW 70 million in the instant loan and E’s loan and KRW 40 million in the Defendant’s loan and KRW 40 million in total.

E, around March 2013, the Plaintiff’s transfer of the instant lease, paid KRW 70 million to the Defendant (E testified that it lent KRW 60 million to the Defendant from May to June 6, 2013, and KRW 14 million from July 30, 2013, in addition to the amount of KRW 70 million from the date of examination of the instant witness, and gave testimony that it borrowed KRW 70 million from the Defendant at a face value to the promissory note in the name of issuance of D at face value, etc.

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