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(영문) 의정부지방법원 2017.09.20 2016가합56875

대여금

Text

1. From April 23, 2016 to March 31, 2017, the Plaintiff’s instant lawsuit against Defendant B regarding KRW 300 million.

Reasons

1. Determination as to the plaintiff's claim against the defendant B

A. The Plaintiff asserted 1) from around 2011 to February 2016, the Plaintiff lent money to Defendant B several times at an interest rate of 3% per month for business funds and living funds. On March 28, 2016, the Plaintiff obtained a written confirmation from Defendant B to March 31, 2016, stipulating that the sum of the principal and interest on the loan from Defendant B to the time (the principal amount of KRW 450 million is KRW 250 million) shall be repaid until March 31, 2016. As such, the Plaintiff received a written confirmation from Defendant B on the said written confirmation and the amount of KRW 450 million equivalent to the principal amount under the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”).

(2) The Plaintiff and Defendant B, a credit service provider creditor, on March 28, 2016, claimed that the Plaintiff invested in the art gallery operated by the Plaintiff, rather than borrowing money from the Plaintiff. (A) a disposal document, the establishment of which is deemed true and acceptable, should be acknowledged unless there are clear and acceptable reasons to deny its contents (see, e.g., Supreme Court Decisions 80Da442, Jun. 9, 1981; 8-1, and 200,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,000,00.

According to the above facts of recognition, Defendant B, on March 28, 2016, borrowed the principal and interest of the loan from the Plaintiff to the Plaintiff.