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(영문) 의정부지방법원 2018.08.31 2015가단102071

대여금

Text

1. As to KRW 36,439,968 and KRW 28,060,317 among the Plaintiff, Defendant B shall be from May 14, 2014 to July 14, 2014.

Reasons

1. Basic facts

A. The Plaintiff, on July 20, 2010, lent to Defendant B the amount of KRW 10 million, KRW 10 million on October 25, 2010, KRW 250 million on April 10, 2012, KRW 10 million on November 7, 2012, and KRW 2.5% on November 12, 2012, as interest rate (=30%).

B. Defendant B repaid to the Plaintiff as shown in the attached Form.

C. Defendant B and Defendant C are married couple.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 2, investigation results of fact-finding into the So-called So-called No. 2 of this Court, No. 1000, No. 1000,000,00

2. Determination as to the claim against the defendant B

A. (1) Whether the Plaintiff lent KRW 4.6 million to Defendant B on September 22, 2011 (2) whether the Plaintiff lent KRW 10 million to Defendant B on April 30, 2013 (3) whether the Plaintiff lent KRW 4.8 million to Defendant B on February 12, 2014 (4) whether the Plaintiff agreed to repay the credit card loan loan of KRW 10 million on May 13, 2014.

B. (1) On September 22, 2011, Defendant B asserted that the said money is the money lent by Nonparty D from the Plaintiff.

However, in light of various circumstances acknowledged by the evidence submitted by the Plaintiff, especially the fact that the Plaintiff paid the above money as a check and the said check was deposited into the Defendant C’s account, it is reasonable to view that the Plaintiff borrowed the above KRW 4.6 million from the Plaintiff as Defendant B.

(2) The fact that Defendant B received KRW 10 million from the Plaintiff on April 30, 2013 is no dispute between the parties concerned.

However, Defendant B asserted that the said money was not lent from the Plaintiff but paid the money that the Plaintiff lent to Defendant B before it. However, there is no objective evidence that Defendant B lent money to the Plaintiff, and the witness E’s testimony that the witness testified is difficult to believe, and the Plaintiff was not paid the money that the Plaintiff lent to the Defendant until then.