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(영문) 서울중앙지방법원 2020.04.17 2019나58331

대여금

Text

1. The following amount among the part against the defendant in the judgment of the court of first instance:

Reasons

1. Basic facts

A. The plaintiff is an attorney-at-law, and the defendant is delegated with the real estate registration business to the plaintiff.

B. At the Defendant’s request for the lending of money, the money was transferred to the bank account of Codefendant C of the first instance court, a parent of the Defendant, over eight times as indicated below.

The remittance date No. 1 1,300,000 won transferred from the passbook in the name of the Plaintiff on August 31, 2017 to the passbook in the name of the Plaintiff on December 2, 17, 2017, from the passbook in the name of the Plaintiff on December 17, 2017 to the passbook in the name of the Plaintiff on December 17, 2017, 3200 won, the remittance from the passbook in the name of the Plaintiff on January 9, 2018 to the passbook in the name of the Plaintiff on August 30, 20,000 won on August 7, 2018, the remittance from the passbook in the name of the Plaintiff on August 25, 2018 to the KRW 60,000,000 from the passbook in the name of the Plaintiff on August 1, 205, 000 to the Plaintiff on KRW 1,000,000.

C. Upon the Defendant’s request on December 20, 2017, the Plaintiff filed an application for the opening of name, application for the change of address, and application for the registration of the establishment of a neighboring mortgage on the land D and E in Sju-si. The registration cost is KRW 300,000 per day and KRW 1,60,800 per day, including travel and transport expenses KRW 200,000 per day.

In addition, upon the defendant's request on January 4, 2018, the plaintiff filed an application for opening name, address change, and establishment registration on G located in Namyang-si, Namyang-si. The registration cost is KRW 300,000 per day, and KRW 2,420,80 per day, including travel expenses and transportation expenses of KRW 200,00 per day.

[Reasons for Recognition] Each entry of Gap evidence 1 through 5 (including branch numbers), and the purport of the whole pleadings

2. Summary of the Plaintiff’s cause of claim

A. Upon the defendant's request for a loan, the plaintiff 1. B.

Not only lent KRW 12,500,000 as described in the paragraph, but also lent KRW 700,000 to the Defendant in cash on or around December 17, 2017. As such, the Defendant is obligated to pay the Plaintiff the total amount of KRW 13,200,000 ( KRW 12,500,000) and delay damages.

B. The plaintiff.