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(영문) 전주지방법원 2017.07.12 2016가합2580

대여금 등

Text

1. Defendant C:

A. From July 31, 2015 to July 12, 2017, the Plaintiff 204,39,000 won per annum to Plaintiff A; and

Reasons

1. Facts of recognition;

A. The Plaintiff A and the Defendant C received money from December 20, 2012 to August 5, 2014 (hereinafter collectively referred to as “the instant loan certificate”) on a 140-time basis, from around December 20, 2012 to around 5, 2014. (2) Defendant C prepared and issued to the Plaintiff each loan certificate stating that the Plaintiff would pay KRW 100,000,000 to the Plaintiff KRW 125,000,000 as of August 5, 2014, and KRW 80,000,000,000 each of the above loan certificates (hereinafter referred to as “the instant loan certificate”).

3. After the preparation of the loan certificate of this case, the details of monetary transactions through the account between the plaintiff A and the defendant C are as follows.

The amount repaid on August 18, 2014 as of the date of loan repayment on the date of loan repayment is denied by the Plaintiff on August 28, 2014, and as of August 18, 2014, the amount repaid is KRW 50,000,000 on August 8, 2014, September 1, 2014; KRW 7,000,000 on August 14, 2014; KRW 50,000 on September 50, 200,00 on September 16, 2014; however, according to subparagraph 2, the fact that Defendant C transferred KRW 5 million to the Plaintiff on August 18, 2014 is recognized.

5,000,000 on August 25, 2014; 1,200,00 on August 28, 2014; 7,875,00 on August 29, 2014; 1,000,00 on September 4, 2014; 5,000,00 on September 5, 200, 200 on September 16, 200, 16, 900, 00 on May 16, 200, 100, 00 on May 16, 200, 100, 100 on September 16, 200, 17, 2000; 5,000 on September 23, 2014; 17, 2000,000 on September 14, 2014;

B. Plaintiff B transferred KRW 15 million, respectively, to Defendant C on April 22, 2014, May 26, 2014, June 26, 2014, June 26, 2014, and July 25, 2014, respectively. Defendant C wired KRW 15 million to Plaintiff B on May 26, 2014, and June 26, 2014; KRW 15.6 million on July 24, 2014; KRW 60 million on August 24, 2014; and KRW 60 million on August 24, 2014.

C. Defendant C transferred 300 million won in his/her own deposit account on October 9, 2014 to Defendant C, and at the time, Defendant C did not have any particular property other than the money in the said deposit account.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 1, 2.