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Reasons
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(영문) 대전지방법원서산지원 2016.10.28 2015가단51427
대여금
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1. The Plaintiff:

A. Defendant B’s KRW 19,110,589 as well as 5% per annum from July 16, 2016 to October 28, 2016.

Reasons

1. Determination as to the claim against the defendant B

A. In full view of the following facts: (i) Nos. 1, 2, 4, 8, 9, and Eul evidence Nos. 1, 1, 2, 8, 9, and Eul evidence Nos. 1 and 5 (including paper numbers) as to the details of financial transaction transaction between the Plaintiff and the Defendant B; and (ii) the purport of the entire arguments in response

① On January 28, 2013, Defendant B: (a) drafted and issued a certificate of loan (Evidence A 10,000,000) to the Plaintiff; and (b) written the said certificate of loan stating “D (National Bank)” with the financial institution in the name of the Defendant B and the account number; (c) on January 29, 2013, the Plaintiff transferred KRW 6,600,000 to the said national bank account in the name of the Defendant B.

② In addition, Defendant B agreed to join the 50,000 foot Nos. 50,000 unit that the Plaintiff organized, and agreed to borrow KRW 50,000,000 from the Plaintiff. The Plaintiff and Defendant B agreed to offset the Plaintiff’s repayment claim of KRW 50,000,000 against the Defendant’s above loan claim of KRW 50,000 against the Defendant and the payment claim of KRW 50,00,000 against the Plaintiff’s above loan of KRW 50,00 against the Defendant B.

③ Accordingly, the Plaintiff loaned Defendant B KRW 50,000,000 in total, including KRW 45,000,000 on June 3, 2013 and KRW 5,000,000 on October 12, 2013.

④ Defendant B paid to the Plaintiff the amount of KRW 10,00,000 and KRW 1,850,000 in the previous accounts No. 5 of the said order and KRW 660,000 in the previous accounts, as indicated below, under the pretext of the payment of KRW 38,00 in the previous accounts.

The payment date =(1) + ②) the total payment amount of old accounts (1 + ②) 5 + the repayment of old accounts (2) 38, 2013-03-03-04 300,000 300,000 2013-03-29 300,000, 320-15 4,320,850,660,000 660,810,810, 2013-06-15 3,850,850,600,600, 66030-150, 660, 600, 300-10, 300-130, 300-130, 3007, 300-1300-130, 3005, 300-1300-130.

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