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(영문) 창원지방법원 2016.11.02 2016가단100341

대여금

Text

1. The Defendant: (a) KRW 5.2 million to the Plaintiff, as well as 5% per annum from February 6, 2016 to November 2, 2016.

Reasons

1. Plaintiff’s loan to the defendant;

A. The fact that the Plaintiff loaned a total of KRW 20,50,000 to the Defendant, the birth of which, on four occasions from July 28, 2009 to October 8, 2010, without fixing the due date, that the Plaintiff leased KRW 20,50,000 to the Defendant, the birth of which, was the birth of

Therefore, the defendant is obligated to return the above borrowed money to the plaintiff.

B. In addition, the plaintiff, at the defendant's request, lent money to the non-party C, who was living together with the defendant, to the defendant 1.6 million won, and accordingly, the total amount of loans to the defendant is KRW 122,100,000,000. According to the evidence No. 1-2-1 and No. 2-2, the plaintiff sent money to the above C to his account from July 28, 2009 to July 13, 2010.

However, the above C operated the Dongyang-si factory in Syang-si, which requires a large amount of money due to a fire in the factory, etc., and the Plaintiff was friendly with the Defendant as well as his factory. In addition to the receipt of the loan certificate from the above C, the Plaintiff’s provisional attachment of the claimed amount of KRW 70 million on December 28, 2009 on the real estate owned by C, and on October 8, 2010, the Plaintiff did not accept the Plaintiff’s assertion that the mortgage amount of KRW 150 million was established until the maximum debt amount of KRW 2-1 through 4, 3-1, 3 (the Plaintiff’s appeal or the witness’s testimony is acknowledged) and the witness’s testimony, and there is no evidence to acknowledge that the Plaintiff’s testimony was insufficient to accept the Plaintiff’s assertion on the loan and the witness’s testimony.

2. The defendant's obligation to return

A. Therefore, the defendant is liable to pay to the plaintiff the above loan amount of KRW 20.5 million and damages for delay. The defendant is liable to pay to the plaintiff on September 28, 2009.