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(영문) 인천지방법원 2015.11.25 2014가단68906

대여금

Text

1. The defendant shall pay to the plaintiff KRW 60,155,047 and KRW 38,548,360 among them, from January 28, 2014 to the day of full payment.

Reasons

1. The parties' assertion

A. The Plaintiff’s primary assertion: (a) KRW 10 million on April 9, 201; (b) KRW 15 million on August 19, 2010; (c) KRW 5 million on September 15, 201; (d) KRW 5 million on January 26, 201; and (e) KRW 2 million on February 16, 201; and (e) KRW 7 million on April 4, 201; and (e) KRW 7 million on April 4, 201; and (e) KRW 7 million on April 5, 201; and (e) KRW 2 million on May 16, 201; and (e) KRW 5 million on April 4, 201; and (e) the Defendant loaned KRW 7 million on August 19, 201; and (e) KRW 5 million on May 26, 2015.

Preliminaryly, the Defendant borrowed the above money from the Plaintiff as stated in C with the intention of the Defendant. If C is not the Defendant’s own interest, the account in the name of C or the money paid by C to the Plaintiff cannot be deemed to be repayment for the loan between the Plaintiff and the Defendant. Therefore, the unpaid principal and interest are higher than the above KRW 67,154,492, and the Defendant is obliged to pay the money stated in the above purport of the claim to the Plaintiff.

B. The Defendant’s assertion ① merely borrowed KRW 20 million based on the loan certificate as of August 19, 201 and KRW 70 million based on the loan certificate as of February 16, 201 from the Plaintiff via C, and the remaining loan details asserted by the Plaintiff are due to the personal monetary relationship between the Plaintiff and C.

② The Plaintiff and the Defendant did not enter into an interest agreement.

③ The Defendant: (a) KRW 20 million on July 20, 2012; (b) KRW 5 million on August 24, 2012; and (c) KRW 15 million on August 31, 2012; (b) KRW 5 million on September 27, 2012; (c) KRW 10 million on September 27, 2012; (d) KRW 5 million on October 23, 2012; and (e) KRW 5 million on January 15, 2014; and (e) KRW 70 million on January 27, 2014.