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(영문) 대구지방법원 2021.01.20 2019나323423

대여금

Text

1. Of the judgment of the first instance, the part against the defendant in excess of the amount ordered to be paid below is revoked, and that part is revoked.

Reasons

1. Basic facts

A. The Plaintiff remitted a total of KRW 6,796,562 to the Defendant’s financial account or a financial account designated by the Defendant as indicated below.

On September 26, 2016, Plaintiff 60,000, Sept. 26, 2016, Defendant 201, Sept. 26, 2016, Defendant 77, 6817, Sept. 26, 2016, Plaintiffs 80,00, Sept. 26, 2016, Plaintiffs 299,1024, Sept. 26, 2016, Plaintiffs 78,006, Sept. 26, 2016, Plaintiffs 67,6817, Jul. 26, 2016, Plaintiffs 3121,1398, Plaintiff 16, Oct. 26, 2016, Plaintiff 16, Oct. 16, 2016, Plaintiff 106, Oct. 26, 2016, Plaintiff 16, Oct. 16, 2017

B. The Plaintiff and G received each remittance as indicated in the following table (hereinafter “instant table”).

On September 26, 2016, Defendant 517,250, Sept. 26, 2016, Defendant 517,250, and Defendant 50,000 March 17, 2016, Defendant G 3,000,000 on December 26, 2016, May 27, 2016, Defendant G 100,000,000 on December 27, 2016, Defendant G 1,00,000,000 on July 27, 2018, Plaintiff 1,000,000,000 on November 11, 2018, Plaintiff 10, Plaintiff 50,000 on November 11, 2008, Plaintiff 10, Plaintiff 108, May 10, 2018, Plaintiff 10, May 10, 2010

C. On November 11, 2018, the Plaintiff requested the Defendant to repay the loan through the Kakao Stockholm message.

[Ground for recognition] The facts without dispute, Gap evidence Nos. 1-5, 10, 20, Eul evidence Nos. 1-5, 7, 9, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition, it can be recognized that the Plaintiff lent KRW 6,796,562 to the Defendant several times. Barring any special circumstance, the Defendant is the Civil Act or the Civil Act from November 11, 2018 following the lapse of one month recognized as being a considerable period of time from November 11, 2018, where a peremptory notice for repayment of loans was given to the Plaintiff pursuant to Article 603(2) of the Civil Act. < Amended by Act No. 15060, Dec. 12, 2018>