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(영문) 서울중앙지방법원 2015.07.17 2014가합16444

대여금

Text

1. The defendant shall pay 120,000,000 won to the plaintiff and 20% per annum from May 17, 2014 to the day of complete payment.

Reasons

1. The following facts may be acknowledged in full view of the following facts as a result of each statement of evidence Nos. 1 through 5, 8, 9, and 2 and 4 issued by the Korea Exchange Bank (the date of November 7, 2014, the date of March 13, 2015, the date of March 21, 2015, the date of April 21, 2015, the date of June 4, 2015), the New Korea Bank (the date of March 26, 2015), the Korea Exchange Bank (the date of March 26, 2015), the Han Bank (the date of April 16, 2015), and the entire purport of each statement of order for submission of financial transaction information and each new statement of Han Bank (the date of April 1

On June 2, 2003, the Plaintiff issued 10,000,000 cashier’s checks issued under the Plaintiff’s mother C’s name at the pressure-vis-vis-vis branch of the foreign exchange bank. On August 29, 2003, the Defendant deposited KRW 40,000,000 in the passbook under the Defendant’s name at the pressure-vis-vis-vis central branch of the foreign exchange bank.

B. The Plaintiff kept 20,00,000 won cashier’s checks issued by Han-Tech Co., Ltd., and delivered the above cashier’s checks to the Defendant on January 30, 2004. On the same day, the Defendant deposited the above KRW 200,000,000 at the opening point of the foreign exchange bank in the passbook under the name of the Defendant.

C. On January 30, 2004, the Plaintiff issued three 10,000 cashier’s checks issued by F at the 10,000,000 Won in the Han Bank’s alternate Branch (the check number G-H) to the Defendant. On the same day, the Defendant was paid KRW 30,000,000 by presenting the above cashier’s checks at the Dong-gu Branch of Han Bank.

The defendant paid to the plaintiff KRW 30,00,000,000 on May 14, 2004, and KRW 20,000,00 on January 31, 2005, respectively, through the account in the name of I.

2. Determination

A. In full view of the facts of the judgment as to the cause of the claim and the relation between the original defendant, the contents of the content-certified mail sent by the defendant's agent to the plaintiff, the details of the plaintiff's savings passbook and seal possession, and the details of the defendant's deposit in the above account, etc., it is recognized that the plaintiff lent to the defendant a total of KRW 270 million around August 2003, 200,000,000 around January 30, 2004, including KRW 200,000,000 around January 30, 2004, and KRW 30,000,000 around January 30, 2004.

On the other hand, the Plaintiff.