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(영문) 수원지방법원 2014.08.21 2014가단500445

대여금

Text

1. The defendant shall pay 5,511,900 won to the plaintiff and 20% per annum from January 23, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. From January 3, 2011 to February 3, 2012, the Plaintiff deposited KRW 16,411,900 in the Defendant’s bank account (Account Number C) and KRW 39,10,51,90 in the Defendant’s bank account (Account Number E).

B. The Plaintiff’s KRW 10 million from the Industrial Bank of Korea on January 8, 2011, and the same year

3. 15. Loans each of three million won from the Gambling Savings Bank in full, loans each of which amounting to 10 million won from the Nambling Savings Bank on the 23th of the same month, and transfers the amount of KRW 9 million among them to each D account on the 23th of the same month, and transfer the amount of KRW 2 million from the Eamba wave social loans on March 31, 201;

4.8. 8. A loan of KRW 3.5 million from the Telecommunications Korea Loan was received and remitted to the Defendant account on the following day.

C. On April 5, 2011, the Defendant completed the registration of ownership transfer with respect to F apartment Nos. 103, 404 (hereinafter “instant apartment”) in Yongsan-si, Osan-si, and on the same day, completed the registration of ownership transfer with respect to the instant apartment, and completed the registration of creation of a neighboring mortgage with a maximum debt amount of KRW 237.6 million.

[Reasons for Recognition] Unsatisfy, Entry of Evidence A1 to 7, the purport of the whole pleadings

2. The plaintiff's assertion that the plaintiff lent money to the defendant's or defendant's advisory account at the defendant's request, as shown in the attached Form, and the defendant alleged that the above money was used as the purchase price, etc. of the apartment of this case, but did not pay it. The defendant claimed the above loan 5,51,900 won and damages for delay.

In this regard, the money recorded in the attached Form is not a donation for the payment of interest on the loans secured by the apartment of this case, which was purchased by the Plaintiff’s recommendation from the Plaintiff and the restaurant operation funds operated by the Defendant, and the shortage of the purchase funds for the apartment of this case.

3. The above facts of recognition, the evidence adopted earlier, and the purport of the entire pleadings can be recognized.