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(영문) 전주지방법원 2014.01.17 2012가단35608

대여금

Text

1. The Defendant’s KRW 67,00,000 and the Plaintiff’s annual rate of KRW 5% from September 15, 2012 to January 17, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff transferred the sum of KRW 80,000,000,000 to the Agricultural Cooperative Account (G) of F on December 7, 2011, KRW 20,000,000 on December 7, 2011, KRW 13,000,000 on December 13, 201, and KRW 80,00,000 on February 1, 2012.

B. However, the Plaintiff did not find employment of the Plaintiff’s children, and the Plaintiff pursued the employment of the Plaintiff to E, and the Plaintiff avoided its liability with the “only if the Defendant informed the Plaintiff of the account number to be deposited by having the Defendant work without a mold and deliver it to the Plaintiff.” On March 30, 2012, the Plaintiff made the Plaintiff available the Defendant and F only for the first time.

C. At that time, the Defendant: (a) returned KRW 80,000,000 that the Plaintiff remitted to the F’s account to the Defendant; (b) confirmed that the Defendant borrowed KRW 80,000,000; and (c) confirmed that the Defendant would have confirmed and repaid the borrowing of KRW 80,000,000.

Then, on August 31, 2012, the Defendant drafted and issued to the Plaintiff a written confirmation of performance that “the Defendant confirms that repayment will be made by September 14, 2012.”

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, Eul 2 evidence, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant agreed to repay 80,000,000 won, which the plaintiff remitted to F in return for employment of the plaintiff, by preparing and delivering a loan certificate and a written confirmation of repayment as above. Thus, the defendant is obligated to pay to the plaintiff 67,00,000,000 won, subtracting the plaintiff's payment from F and seeking deduction from F, barring special circumstances.

B. 1 The defendant is true that the defendant prepared and delivered a loan certificate and a written confirmation of repayment to the plaintiff, but this does not mean that the plaintiff would assume the defendant's responsibility for 80,000,000 won deposited to F, but under the agreement between the plaintiff and the defendant.