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(영문) 대전지방법원천안지원 2019.05.30 2018가단100539

대여금

Text

1. The Plaintiff:

A. Defendant B’s KRW 17,040,00 and interest rate of KRW 15% per annum from February 13, 2018 to the date of full payment.

Reasons

1. Claim against the defendant B

A. In full view of the purport of each of the arguments stated above as follows: (a) 6,60,000 won on March 13, 2012, 201; (b) 3,190,000 won on August 4, 2012; (c) 4,400,000 won on May 9, 2013; and (d) 27,040,000 won on the aggregate of KRW 10,000,000 per annum 27,040,000 won on October 21, 2013; and (d) 1,200,000 won on March 13, 2012 (including additional numbers); (c) 1,70,000 won on the loans extended to Defendant B at the rate of 10,000 won less the total amount of KRW 30,50,000,000 on the following day; and (d) 20,710,7,010.

B. Defendant B’s assertion and its determination as to this, Defendant B asserted that the amount borrowed from the Plaintiff was KRW 20,000,000, and the remainder was received as a fraternity, and that part of the borrowed amount was paid by account transfer and cash payment. However, Defendant B paid to the Plaintiff all of the fraternity payments.

Since there is no clear evidence to acknowledge that Defendant B repaid the borrowed money in excess of the amount that the Plaintiff recognized, the above assertion by Defendant B is difficult to accept.

2. Claim against Defendant C

A. In addition to the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 3, 4, and Eul evidence Nos. 1, 2012, the Plaintiff loaned KRW 20,000,000 to Defendant C on October 31, 2012, deducted KRW 19,000 (monthly 5%) and remitted KRW 19,00,000 to E who is the spouse of the above Defendant's spouse (hereinafter "first loan"), ② The Plaintiff loaned KRW 20,000,000 to Defendant C on June 20, 2013, deducted KRW 80,000 as a prior interest, and remitted KRW 19,20,000 to E on June 20, 2012.