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(영문) 수원지방법원 2016.05.24 2015가단40247

대여금 등

Text

1. The defendant shall pay to the plaintiff KRW 30,145,637 and KRW 10,092,691 among them, from April 28, 2013 to the day of full payment.

Reasons

1. In full view of the overall purport of the pleadings in the statement No. 1, No. 7, No. 3-1, No. 4-2, and No. 50,000 won, the Plaintiff loaned to C on October 24, 2001. The Defendant jointly guaranteed the Plaintiff’s debt amounting to KRW 25,000,000 among the Defendant’s debt amounting to KRW 50,000,000, and KRW 50,000,000 to the Plaintiff on October 30, 201, the Defendant’s debt amounting to KRW 50,000,000, KRW 250,000, KRW 250,000, KRW 500 to the Plaintiff on January 25, 2002, KRW 30,000, KRW 500 to the Plaintiff on January 25, 200, KRW 2005 to the Plaintiff on May 20, 2005.

(1) The plaintiff's claim that 10,500,000 (2,500,000 x 4 times) paid to the plaintiff by C, despite the fact that the plaintiff did not have a duty to pay the amount, is claiming the return of the above KRW 10,50,000,00, while the plaintiff was paid the sum of KRW 10,50,000 from C, it is reasonable to view that it was appropriated for the remainder of 25,00,000,000, which the defendant did not have guaranteed. Thus, the above argument by the defendant is not accepted.

2. As to the Plaintiff’s assertion on November 15, 2002, KRW 30,000,000, KRW 20,000 on November 17, 2003, KRW 30,000 on December 15, 2003, and KRW 30,000 on December 15, 200

A. In full view of each of the statements in Gap evidence Nos. 2 and 3, the fact that the plaintiff lent 20 million won to the defendant on November 17, 2003 without an agreement on the interest and the due date for payment, and that the plaintiff lent 30 million won to the defendant on December 15, 2003 without an agreement on the due date, and that the plaintiff was paid 44,000,000 won from the defendant.

B. Furthermore, the plaintiff on 2002.