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(영문) 의정부지방법원고양지원 2015.07.16 2014가단19502

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 52,00,000 and the interest rate of KRW 18% per annum from May 19, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On May 1, 2013, the Defendant, upon receiving KRW 100 million from C, opened the E Carpet (hereinafter “instant carpet”) in Pakistan-si.

B. On August 22, 2013, the Plaintiff paid KRW 50,000,000 to the Defendant and KRW 2,000,000 on August 26, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that, as above, the plaintiff paid KRW 52,00,000 to the defendant and lent it, the defendant is obligated to pay it.

The Defendant asserted that the said money was donated not by the Plaintiff but by borrowing it from the Plaintiff.

B. The facts of the above recognition are as follows. The defendant paid KRW 50 million to C as of the date of receiving KRW 50 million from the plaintiff, and the defendant promised to pay KRW 50,000 to the plaintiff or transfer the Ka PP to the plaintiff around December 3, 2013. The defendant was only intending to receive the above money from the plaintiff and to transfer the Ka PP to the plaintiff. The defendant asserted that the 2,000,000 won received from the plaintiff as of August 26, 2013 was a donation to help the plaintiff to achieve the defendant's independence, but the defendant claimed that the 2,00,000 won was given to the defendant's Dong P to the defendant on August 8, 2013, since 200 won was separately paid to the defendant's Dong PP and paid KRW 50,000,000 to the defendant. The defendant did not appear to have been paid to the defendant as above.

C. According to the theory of lawsuit, the Defendant is entitled to KRW 52,00,000 for the above loans to the Plaintiff and the Defendant is entitled to special cases concerning the promotion of lawsuit, etc. from May 19, 2014 to the day of complete payment, which is the day following the delivery of a copy of the original copy of the instant payment order.