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(영문) 의정부지방법원 2012.11.07 2011가단64287

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 20% per annum from November 12, 201 to the day of full payment.

Reasons

1. The fact that the plaintiff remitted the total amount of KRW 78,00,000 to the deposit account in the name of the defendant on April 27, 2009, KRW 13,000,000 on June 9, 2009, KRW 20,000 on July 14, 2009, KRW 78,000,000 on August 23, 2009, and KRW 78,000,000 on August 23, 2009, KRW 5,000 on February 12, 200, KRW 17,50,000 on February 17, 200, KRW 00 on the deposit account in the name of the plaintiff, KRW 10,00 on May 5, 200, KRW 00 on the basis of the parties’ disputes.

2. Determination as to the cause of action

A. The plaintiff's assertion that the plaintiff agreed to pay interest to the defendant 78,000,000 won in total to the defendant and paid 60,000,000 won in total to the defendant several times. On October 24, 2011, the defendant agreed to pay the above principal and interest to the plaintiff 50,000,000 won in final settlement around October 24, 201. Thus, the defendant is obligated to pay to the plaintiff 50,000,000 won and delay delay damages. Accordingly, the defendant is the defendant's spouse who actually received money from the plaintiff. The defendant was merely lent only in the name of the defendant's bank account, and the defendant was merely lent to the defendant under a criminal case where C was detained in another criminal case. It is merely a promise to guarantee the plaintiff's debt to the plaintiff in the name of the corporation operated by the plaintiff to pay the above amount to the plaintiff 3,500,000 won in the name of the defendant.

B. The reasoning of the judgment is insufficient to acknowledge that the Defendant actually borrowed money from the Plaintiff only with respect to the above facts and evidence Nos. 1 and 2 (excluding the parts cited in the front and rear). However, the evidence No. 12, 12, 2 (excluding the parts rejected in the above), 3-12, 3-12, 3-4, and 1-2.