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(영문) 광주지방법원 2015.02.04 2014나12429
대여금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. On February 12, 2009, the Plaintiff asserted that the Plaintiff lent KRW 10 million to the Defendant without setting the interest rate of KRW 5% per annum, and without setting the due date, the Defendant is obliged to pay the Plaintiff a loan of KRW 10 million, interest thereon, and delay damages.

2. The Plaintiff’s transfer of KRW 10 million to the bank account under the name of the Defendant on February 12, 2009 (hereinafter “transfer of this case”) did not conflict between the parties.

However, the following circumstances, which can be known through the overall purport of the statement and pleading in Gap evidence Nos. 1 through 5 and Eul evidence Nos. 1 (including virtual number), i.e., the plaintiff used a bank account in the name of the defendant, his spouse, for the entire pleadings, i.e., the interest amount of KRW 20 million per month, and the due date of repayment of KRW 40,000 per September 30, 2003, with only the interest amount of KRW 51,40,000 from April 11, 2003 to June 18, 2004, and the plaintiff transferred the above loan claim to Eul, with only the interest amount of KRW 5,00,000,000,000,000,000,000,000,000,000,000,000,000,000 won, and more than 5,000,00.

3. Conclusion.

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