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(영문) 부산지방법원서부지원 2019.05.01 2018가단9607

손해배상(기)

Text

1. The Defendant: KRW 29,450,926 for the Plaintiff and KRW 5% per annum from December 1, 2018 to May 1, 2019; and

Reasons

1. Facts of recognition;

A. On March 2014, the Plaintiff and the Defendant began to teach each other from around the time when they had a sense of care for each other after they met rapidly at a alumni meeting at an elementary school.

B. Upon receipt of a request from the Defendant to lend money from May 8, 2014 to November 28, 2017, the Plaintiff wired a total of KRW 27,086,00 to the Defendant, as shown in the attached Table, as between May 8, 2014 and November 28, 2017.

(The loans listed in the attached Table shall be excluded from KRW 900,000 on December 11, 2015 and KRW 2 million on March 18, 2016, including KRW 1.1 million on March 18, 2016).

The Defendant repaid to the Plaintiff the amount of KRW 1.9 million out of the loans 2.9 million on September 8, 2017, and KRW 3.5 million out of the loans 2.9 million on November 28, 2017, 1.6 million out of the loans 2.6 million on November 28, 2017.

On May 21, 2014, the Defendant respectively borrowed 3.8 million won from the Plaintiff in cash, including KRW 1.8 million and KRW 2 million around August 2015.

E. On April 2015, the Defendant requested the Plaintiff to pay the tuition fees instead of the tuition fees in order to obtain the vessel supervisor’s certificate. On July 17, 2015, the Plaintiff paid KRW 2850,000 to C as the Defendant’s tuition fees.

F. On May 2014, the Defendant purchased the NAS Scoo (hereinafter “the instant car”) under the Plaintiff’s name and had it on the part of the Plaintiff.

G. The Plaintiff believed that the Defendant would pay the instant passenger car price, and paid 14,014,926 won in total, including 6,927,236 won, 98,060 won, insurance premium 98,000 won, acquisition tax 728,000 won, and automobile tax 571,630 won from June 2014 to August 2015.

H. The Defendant repaid KRW 1 million to the Plaintiff, including KRW 500,000 on July 26, 2017, and KRW 500,000 on August 27, 2017, out of the installment payments for the instant car paid by the Plaintiff.

I. The Plaintiff disposed of the instant car at KRW 8 million.

[Reasons for Recognition] Facts without dispute, entry of Gap's evidence 1 through 9 (including virtual numbers) and the purport of the whole pleadings.