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(영문) 제주지방법원 2016.07.15 2015가단14869

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 20,00,000 and the interest rate of KRW 15% per annum from July 16, 2016 to the day of complete payment.

Reasons

Plaintiff’s assertion

The plaintiff's ASEAN was living together with the defendant from October 2013 and completed the marriage report on December 23, 2014.

C and the Defendant completed the marriage report, and the Defendant borrowed KRW 20,000,000 on January 3, 2014, the Plaintiff borrowed KRW 20,000 on the same day by borrowing the loan from the Plaintiff on the same day.

(hereinafter “Section 1”). After that, the Defendant and C loaned KRW 30,000,000 to the Plaintiff as they want to conduct the secondary shop, and the Defendant and C lent KRW 26,00,000 to the Defendant in July 2014.

Although the defendant was engaged in the secondary shop around October 2014, the defendant started the secondary shop, the defendant and C demanded the defendant to hedging one week from that date, and the defendant and C have been taking into account (hereinafter referred to as the "second week"). Therefore, the defendant are obliged to pay the plaintiff the total amount of KRW 46,00,000,000.

In full view of the purport of the entire arguments in the evidence Nos. 3-1, 2, 4-6, and 8 of the evidence No. 3-2, the Plaintiff and the Defendant filed a marriage report on December 23, 2013, the Plaintiff borrowed KRW 20,000,000 on January 3, 2014, and the Plaintiff withdrawn KRW 13,00,000 from its maturity free deposit account on July 3, 2014, and KRW 17,00,000 on July 22, 2014.

In full view of the facts of the judgment on the first claim, the fact that the Defendant borrowed KRW 20,00,000 from the Plaintiff, a Silvergor, the Defendant also recognized the fact that the Defendant borrowed the said money from the Plaintiff on December 23, 2013, but it is difficult to confirm it. However, in full view of the fact that the Plaintiff received a loan of KRW 20,000,000 from the Plaintiff on January 3, 2014, and that the Plaintiff consistently asserted that the Defendant lent the money to the Defendant on January 3, 2014, it is reasonable to deem that the Plaintiff lent KRW 20,000 to the Defendant on January 3, 2014.

In regard to this, the defendant did not have 20,000,000 won that the plaintiff lent as above.