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(영문) 서울북부지방법원 2016.06.10 2015가단19589

대여금

Text

1. The Defendant: (a) KRW 80,000,000 for the Plaintiff and KRW 20% per annum from May 21, 2015 to September 30, 2015; and (b) October 1, 2015 for the Plaintiff.

Reasons

1. The Plaintiff, on September 25, 2008, remitted to the Defendant the instant amount of KRW 80 million (hereinafter “the instant amount”).

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff lent the instant money to the Defendant.

B. The Defendant’s argument that the instant money was claimed by the Defendant’s Dong-in and the Plaintiff’s mother-child D, and the Defendant received the instant money through the Plaintiff and transferred it to C several times under the name of his wife, and did not borrow the instant money from the Plaintiff.

3. The following circumstances, which are acknowledged as comprehensive consideration of Gap evidence 2, Gap evidence 6 and 7-1 and Eul evidence 1, 2-2, witness witness testimony and the overall purport of oral argument, i.e., "F.D, the plaintiff's parent", consistently known that the defendant loaned 80 million won to the plaintiff on September 23, 2008, and the plaintiff transferred the money of this case to the defendant on September 25, 2008; ② the plaintiff seems to have urged the defendant, not Eul, to pay the money of this case; the defendant also stated that he would be paid the money of this case to the plaintiff, F.D. from September 2014 to May 2015 (the remittance of the money of this case to the defendant of this case to the plaintiff of this case to the plaintiff of this case to the defendant of this case to the 200 million won on the date of remittance of the money of this case to the plaintiff of this case to the plaintiff of this case to the defendant of this case to the 3 billion won on the date of this case.