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(영문) 수원지방법원 2020.10.21 2019나8327

대여금

Text

The part of the judgment of the first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Basic facts

A. From November 15, 2015 to May 31, 2017, the Defendant concluded a loan agreement with the Plaintiff for consumption with the so-called “number of days traded” (hereinafter “each of the instant loans”) on the following occasions on the following occasions, and failed to clearly arrange the arguments as to the date of lending, interest agreement, and amount of loans, etc. in cash, even though the Plaintiff asserted that each of the loans from the Plaintiff (hereinafter “each of the instant loans”).

Therefore, only each loan that the defendant has been paid to his own account is recognized.

B. A loan was borrowed.

1) Around November 15, 2015, around 250 days each day, 20,000 won was to be repaid and 3,000,000 won was borrowed. 2) On November 25, 2015, 60,000 won was to be repaid each day for 60,000 days each day and 3,00,000 won was borrowed.

3) On January 27, 2016, to pay KRW 72,000 each day between KRW 72,000 and KRW 6,000 were borrowed. 4) On March 2, 2016, to pay KRW 72,000 each day between KRW 100 and KRW 6,000 were borrowed.

5) On April 28, 2016, 84,000 won were to be paid each 100 days each day, and 6,424,000 won was borrowed. 6) On May 19, 2016, 600 won was to be paid each 60,000 days each day, and borrowed 6,00,000 won.

7) On June 3, 2016, to pay KRW 96,000 each day between KRW 100 and KRW 6,920,00 were borrowed. 8) On June 18, 2016, to repay KRW 1,000,000 after June 1, 2016, and to borrow KRW 970,000.

9) On July 15, 2016, 72,000 won were to be paid each 100 days each day, and 6,000,000 won was borrowed. 10) On August 1, 2016, 84,000 won was to be paid each 100 days each day, and 7,00,000 won was borrowed.

11) On August 28, 2016, 132,000 won were to be paid each 100 days each day, and 9,278,000 won was borrowed. 12) On September 9, 2016, 100 won was to be paid each 100 days each day, and 5,760,000 won was borrowed.

13. After September 1, 2016, the repayment of KRW 3,000,000 was made and borrowed KRW 2,90,000.