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(영문) 의정부지방법원 2019.02.21 2018가단2806

대여금

Text

1. The defendant shall pay 37,00,000 won to the plaintiff and 15% per annum from May 2, 2018 to the day of complete payment.

Reasons

1. Determination on the cause of the claim

A. On April 2012, the Defendant: (a) around April 2012, the Plaintiff, a real estate broker; and (b) his father C (D) is a clan E (hereinafter “E clan”).

(2) The Plaintiff deposited KRW 20,00,000 on June 4, 2012 in the Defendant’s agricultural cooperative account (G) and thereafter requested the Defendant to lend the money for the name of family members related to clan work, KRW 0,00,00, KRW 00, KRW 3,000 on August 1, 2012; KRW 3,00,000, KRW 16,000 on August 21, 2012; KRW 16,00,000 on October 5, 200, KRW 16,000,000 on October 1, 2012; KRW 16,00,000 on October 5, 10, 2012; KRW 200,000 on September 3, 200, KRW 200 on May 30, 205, 205.

(3) The Plaintiff received a refund of KRW 500,00 from the Defendant and demanded the return of the loan to the Defendant as the Plaintiff did not receive the remainder of the loan. Since the Defendant stated that C would offer a certificate of loan borrowed in the name of C in order to receive from the said clan, and then borrowed KRW 37,00,000 to the Plaintiff as business expenses of the clan around October 2013, the Plaintiff borrowed KRW 37,000 from the borrowing date to the Plaintiff by applying interest of KRW 20,000 per annum from the borrowing date to June 30, 2014 (hereinafter “instant letter”).

4) On May 26, 2015, a written objection filed in the name of C was received from the court, and the Plaintiff was sentenced to a favorable judgment on October 27, 2015. < Amended by Presidential Decree No. 26817, Oct. 27, 2015>

(Li Government District Court 2015Kadan2122). The above judgment is final and conclusive as it did not appeal by C, and the Plaintiff.