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(영문) 의정부지방법원 2015.07.03 2014나54336

대여금

Text

1.The part concerning the retirement allowance claims in the judgment of the first instance, including claims extended and reduced in the trial:

Reasons

1. Determination on loan claims

A. In full view of the purport of the argument in Gap evidence No. 1 as to whether a loan claim occurred or not, the defendant is obligated to pay the plaintiff the above loan amounting to KRW 50,000,000,000 at par value, and the due date for payment to the plaintiff on April 19, 2013, and borrowed KRW 50,00,000 from the plaintiff. Thus, the defendant is obligated to pay the plaintiff the above loan amounting to KRW 50,00,000 and interest for delay.

B. 1) The defendant asserted that he paid all the above loans over 50 times per month from March 20, 2008 to June 5, 2013. On the other hand, the plaintiff claimed that the above loans were made monthly contributions to G in which the plaintiff's husband is his husband. 2) According to the statement of the evidence No. 2, according to the defendant's statement of the evidence No. 2, from March 20, 2008 to January 21, 2013, the amount of KRW 1,00,000 has been transferred over 49 times from March 20 to January 21, 2013 to the deposit account in the name of the plaintiff in the bank account in the name of one bank in the name of the plaintiff.

However, according to the overall purport of Gap evidence Nos. 5 through 7 (including each number in the case of additional numbers) and the argument, the defendant transferred 1,000,000 won per month from February 28, 2006 to February 1, 2008 to one bank account in the name of the plaintiff in the name of the defendant, and the plaintiff's husband Eul operates a child welfare facility of G in light of light as a member of the F church, and the above G is recognized to have been donated to the defendant by 10,00,000, 14,40,000, 200, 15,000, 200, 2000, 200, 2000, 200, 201, 2000, 201, 200, 201, 200, 205, 201, 201, 200.

In light of the above facts, the defendant from March 20, 208 to June 5, 2013.