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(영문) 인천지방법원 2021.01.14 2019나57476

대여금

Text

Of the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked, and such revocation shall be revoked.

Reasons

1. The following facts do not conflict between the parties, or are acknowledged in full view of Gap evidence No. 1, evidence No. 2, evidence No. 3, evidence No. 4, evidence No. 6, evidence No. 7-1, 2, Gap evidence No. 13-1, evidence No. 14, evidence No. 15, evidence No. 16, evidence No. 24, evidence No. 4, Eul evidence No. 10, evidence No. 11, and evidence No. 11, and evidence No. 11.

A. The Defendant is a person who had operated the Boperdo Private Teaching Institutes from May 2010 to January 2014 in Seocheon-si and Incheon Songdo.

B. After the Defendant became aware of the Plaintiff on June 2013, the Defendant commenced borrowing money from the Plaintiff.

(c)

On June 14, 2013, the Plaintiff received a credit card loan of KRW 8,000,000 with C Card (hereinafter “C card loan”) and paid the above loan to the Defendant on the same day.

(d)

On June 19, 2013, the Plaintiff received a credit card loan of KRW 7,300,000 (hereinafter “D card loan”) with D card, and paid KRW 2,200,000 among the above loans to A, upon the Defendant’s request, at the same day.

E. On June 20, 2013, the Plaintiff received a credit card loan of KRW 3,000,000 (hereinafter “corporate bank card loan”) with an enterprise bank Alpha card, and paid the said loan to V at the Defendant’s request on the same day.

F. On June 26, 2013, the Plaintiff received a loan of KRW 40,000,000 from a AB union (hereinafter “AB union loan”) and received the loan from the AB union account (hereinafter “AB union account”) and completed the registration of establishment of a collective security right with the Plaintiff as the Plaintiff, for multi-household AD that was owned by the Plaintiff on the same day, with respect to multi-household AD that was located in Seocheon-si AC, Busan, which was owned by the Plaintiff on the same day.

G. On July 1, 2013, the Defendant drafted a certificate No. 1640 on July 1, 2013 between the Plaintiff and a notary public with the following content, including the preparation of a joint law office:

1) The defendant is against the plaintiff.