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(영문) 수원지방법원 2017.07.20 2016나71898

대여금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts are either in dispute between the parties or in full view of the purport of the entire pleadings as a result of the submission of each order to submit financial transaction information to the Director of the National Bank Business Support Center Co., Ltd. at the court of first instance.

Upon receipt of a request from the Defendant’s wife C to lend money, the Plaintiff loaned KRW 53,00,000,000 on July 6, 2004, and KRW 10,000,000 on October 4, 2004 to C’s deposit account in the name of female student, and KRW 53,00,000,00 on May 15, 2006, and KRW 18,000,000 on August 6, 2007 to C in the name of each of the deposit accounts in the name of C (=10,000,000,000 won).

(hereinafter “instant loan”). (b)

The Plaintiff filed a lawsuit against Suwon District Court No. 201Da5437 (hereinafter “instant lawsuit”). While the said lawsuit is pending, the said court rendered a decision in lieu of the conciliation as follows (hereinafter “instant compulsory conciliation”) on April 11, 201, and thereafter, the relevant compulsory conciliation became final and conclusive.

1. C shall pay to the Plaintiff KRW 50,000,000,000,000, which reflects the accrued interest up to the date, as follows:

① Payment of KRW 5,00,000 for principal until July 31, 2012 (2) payment of KRW 5,000,000 for principal until October 31, 201 (3) payment of KRW 10,000,000 for principal until December 31, 201 (i.e., payment of KRW 10,000 for principal until December 31, 201) payment of KRW 20,000 for principal until December 13, 2012 (i.e., payment of KRW 15,00,000 for principal until December 31, 2013) payment of KRW 15,00,000 for principal (interest of KRW 10,000 for principal).

2. C from April 201 to the completion of the repayment of the borrowed principal of KRW 50 million,00,000,000, the interest calculated at the rate of 1% per month on the balance of the borrowed principal shall be paid to the Plaintiff on the last day of each month.

3. If C, even once the time limit for each of the above paragraphs 1 and 2 is set by C, C shall immediately lose its benefit of time and shall be 5 million won in the above paragraphs 1 and 2.