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(영문) 대구지방법원상주지원 2016.06.08 2015가단8192

대여금

Text

1. The Defendant’s KRW 41,00,000 as well as the annual rate of KRW 5% from August 28, 2015 to June 8, 2016 to the Plaintiff.

Reasons

1. In full view of the purport of the entire pleadings with respect to the entry of the evidence No. 1 and the testimony of the witness C, the Plaintiff and the Defendant began with the teaching system at first time around 2005 and reported a marriage on February 9, 201, but concluded a divorce on September 7, 201.

2. Determination on the part of the instant case No. 2015dan8192

A. The gist of the Plaintiff’s assertion is as follows: (a) the Plaintiff loaned the Defendant a total of KRW 154 million; (b) thus, the Plaintiff sought payment of KRW 130 million after deducting the remainder of KRW 24 million from the person who was repaid, as well as damages for delay.

① On November 30, 2009, the Plaintiff lent KRW 15 million in total to the Defendant by means of issuing cashier’s checks to the Defendant, by means of depositing KRW 30 million in the Defendant’s account. The Plaintiff lent KRW 50 million in cash.

(2) The Plaintiff deposited KRW 10 million with D’s account on January 14, 2010 and repaid the Defendant’s debt to D instead of paying the debt. The Plaintiff deposited KRW 10 million with D’s account on January 14, 2010 and repaid the Defendant’s debt on behalf of the Plaintiff.

(2) On March 24, 2010, the Plaintiff lent KRW 35 million to the Defendant by delivering cashier’s checks to the Defendant.

(4) On April 12, 2010, the Plaintiff lent KRW 19 million in total to the Defendant by means of issuing a cashier’s check, and KRW 2 million in cash.

(5) On April 15, 2010, the Plaintiff loaned KRW 10 million to the Defendant’s account.

(n) No. 30 million won was deposited in the Defendant’s account on June 8, 2012. (6) The Plaintiff lent the loan to the Defendant’s account.

(hereinafter referred to as the “public allegation”). (b)

Judgment

1) ① The part of KRW 15 million deposited into the account as set forth in the instant argument is first set aside.