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(영문) 수원지방법원 2015.05.28 2013가합21263

대여금

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1. The Defendant (Counterclaim Plaintiff) paid KRW 62,200,000 to the Plaintiff (Counterclaim Defendant) and its related amount from November 8, 2013 to May 28, 2015.

Reasons

1. Basic facts

A. The Defendant prepared and delivered the following date and amount of the loan to the Plaintiff.

The amount of the sequence 10,00,000 on November 28, 2008; 20,000 on March 18, 2009; 3. 20,000 on September 17, 2009; 3. 20,000,000 on December 15, 200,000 on December 15, 2009; 5. 10,000,00 on January 21, 200 on December 21, 2010; 10,000,000 on December 16, 2010; 10,000,000 on December 16, 2010;

B. During the Plaintiff’s activities as a member of “D” operated by C, the Plaintiff had the Defendant participate in the 32 limit operated from December 28, 2009 to July 28, 2012 (hereinafter “instant limit”).

C. The instant fraternity was operated in a manner that the sum totaling 32 members paid KRW 1,200,000 per month as a map, and the sum totaling KRW 1,50,000 per month prior to the occurrence of the time limit, and paid KRW 1,50,000 per month after the time limit.

The plaintiff subscribed to the 2nd, 4th, 11th, and 14th of the instant accounts in his name, and each number system was paid and paid as follows.

Defendant 37,200,000 No. 37,800,000 Defendants No. 11, No. 39,900 E 39,000 No. 14, No. 140,800 Plaintiffs No. 40,800,000

D. The Defendant transferred KRW 105,160,000 to the Plaintiff by account transfer from June 2009 to June 2010.

The defendant paid part of his share to the plaintiff, and the plaintiff paid the share from the defendant to C.

【Ground of recognition】 The fact that there has been no dispute, Gap’s evidence 1-1, 3, 4, 5, 2-1 through 4, 4-1 through 32, and the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts, the Defendant is obligated to pay the Plaintiff the remainder of the loan amount of KRW 62,200,000 (=100,000 - KRW 37,800,000) and the delay damages therefrom, in light of the following: (a) the Defendant prepared and delivered a loan certificate equivalent to a total of KRW 1,00,000 to the Plaintiff; and (b) the Plaintiff received the time limit of KRW 37,80,00 paid by the Defendant during the instant loan payment.