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(영문) 광주지방법원목포지원 2017.10.11 2017가단50257

대여금

Text

1. The Defendant’s KRW 189,190,00 for the Plaintiff and 6% per annum from April 22, 2017 to October 11, 2017, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff first known the Defendant around the spring of 2008, and transferred the sum of KRW 197,000,000 to the Defendant’s and the Defendant’s Dong C’s account from August 25, 2008 to January 6, 2009 as indicated below.

E. List: The remittance amount, on August 25, 2008, 15,000,000 D C on August 25, 2008, 200 to Defendant 30,000 E on August 30, 2008, 20,000 on September 10, 2008, 10,000 on September 30, 2008; 10,000,000 on September 30, 200, 200 on September 30, 200 on June 30, 200, 200 on September 30, 200; 30,00 on October 30, 200, 300,00 on October 30, 200, 200,00 on October 30, 200, 209;

B. Meanwhile, from April 3, 2012 to October 26, 2016, the Defendant remitted total of KRW 7,810,000 to the Plaintiff.

[Reasons for Recognition] Unsatisfy or entry of Gap evidence 1, 2, and 4, the result of the plaintiff's principal examination, the purport of the whole pleadings

2. Assertion and determination

A. As to the cause of the claim, the Plaintiff asserts that the Defendant lent KRW 197,00,00 to the Defendant by means of remitting KRW 197,00,00 as seen earlier, while the Defendant asserted that the said money was invested by the Plaintiff. Therefore, in light of the following circumstances, it is reasonable to view that the Plaintiff transferred KRW 197,00,00 to the Defendant without having determined interest and the maturity for payment, as seen earlier, a sum of KRW 197,00,000 to the Defendant, as seen earlier, (i) the Plaintiff sent a text message demanding the Defendant to continue to pay money after remitting KRW 197,00,000,000 to the Defendant, and (ii) the Defendant sent it to the Defendant, and (iii) the Defendant presented it to the Plaintiff as stated in the evidence Nos. 3,5,8,000,000.