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(영문) 서울남부지방법원 2019.05.21 2018가합107450
대여금
Text

1. The Defendant: (a) KRW 230,00,000 for the Plaintiff and 5% per annum from June 8, 2018 to May 21, 2019.

Reasons

1. Basic facts

A. A. A total of KRW 340,000,000 was transferred from the account of the Plaintiff and C to the Defendant account between January 28, 2013 and August 12, 2013 as listed below.

Serial 1, 200,000 C 1-2, 200,000 on April 16, 2013, 2013, January 28, 2013, Plaintiffs 234, 150,000,000 on April 29, 2013, 200 on May 14, 2013, 200 C 1-35, 200,000 C 1-35, 200,000 on July 16, 2013, 200,000 Plaintiff 4-26,000 on August 30, 200, 4340,000 on the aggregate of Plaintiff 4340,340,000,000 on August 30, 203

B. On April 25, 2013, the Defendant deposited KRW 110,00,000 in the Plaintiff’s account, including KRW 10,000,000, and KRW 10,000 on May 29, 2014, and KRW 50,000 on September 22, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 7 (including the number of each branch), Eul evidence 3-17 and 18-18, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion or the Defendant’s KRW 340,00,000 deposited in the name of the Plaintiff’s assertion or C is a loan to the Defendant, and the Defendant was paid KRW 110,00,000 among them. Therefore, the Defendant is obligated to pay the remainder of KRW 230,000 and delay damages to the Plaintiff.

B. The Defendant’s account opened on April 15, 2010,000 0,000 0,000 26. 5,000 G account on February 26, 2014; 36.5,00,000 H account on February 26, 2014; 00,000 H account on February 26, 2014; 00,000 0. 0. 06. 06. 0,000 H account on February 27, 200, 00 6. 06: 00,000 H account on March 10, 2014; 04. 0. 06. 0. 0,000 0,000 NA account under the Plaintiff’s name on March 16, 2014;

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