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(영문) 청주지방법원 2018.01.26 2017나15271

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. The Plaintiff asserted that the Plaintiff borrowed KRW 20,000,000 from C on July 30, 2014, and lent KRW 20,000 to the Defendant on the same day.

Therefore, the Defendant is obligated to pay the Plaintiff the above loan amounting to KRW 20,000,000 and damages for delay.

B. The following circumstances, i.e., Gap evidence Nos. 1 through 3, Gap evidence Nos. 5 through 6, Gap evidence Nos. 1 and Eul evidence Nos. 1 and Eul evidence Nos. 1 to 6, and Eul lent KRW 20,00,00 to the plaintiff on July 30, 2014. ② The above C, at the examination date of the first instance court, found the plaintiff's convenience store operated by the plaintiff around September 2014, "The plaintiff lent KRW 20,00,000 to the defendant, and the defendant lent KRW 20,00,000 to the plaintiff." The defendant loaned KRW 1 to the plaintiff around Sep. 2015 and the defendant lent KRW 20,000,000 to the plaintiff as well as KRW 30,000,000,000 to the defendant's testimony and statement to the effect that the defendant would not have to pay consolation money to the plaintiff.

50,000 won shall be given to any money.

Comprehensively taking account of the fact that the Plaintiff, on July 30, 2014, lent KRW 20,000 to the Defendant on July 30, 2014.

2. Therefore, barring any special circumstance, the Defendant’s promotion of the lawsuit from April 5, 2017 to the date of complete payment, etc., which is the day following the delivery of the copy of the instant complaint to the Defendant.