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Reasons
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(영문) 춘천지방법원 2018.02.08 2017가단1519
대여금
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1. The Defendant: (a) KRW 52,00,000 for the Plaintiff and the Plaintiff’s 10.384% per annum from February 8, 2016 to March 14, 2017.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1, 2, 3, 4, 5, 6, and 7, and there is no counter-proof.

On July 1, 2015, the Defendant kept gold KRW 52,00,000 in cash to Non-Party C (hereinafter “the deceased”) on July 1, 2015, and paid KRW 450,000 per interest per month. The Defendant prepared a cash custody certificate stating that the maturity period shall be December 31, 2016 (hereinafter “the cash custody certificate of this case”).

B. On December 14, 2012, the Plaintiff married with the Deceased. The Deceased died on March 4, 2016, and the Plaintiff is the only heir of the Deceased.

2. The parties' assertion

A. The Plaintiff’s assertion that the Defendant borrowed KRW 52,00,000,000 from the Deceased on July 1, 2015, with the due date fixed on December 31, 2016, the Defendant is obligated to pay the Plaintiff, who is the inheritor of the Deceased, KRW 52,00,000, and interest and delay damages thereon.

B. Defendant’s assertion 1) The Deceased has the obligation to pay KRW 20,000,00 in total, including KRW 7,800,000 among the intermediate payment for international marriage and KRW 4,000,000 among the intermediate payment for international marriage, and KRW 5,200,000,000, and the marriage expenses, and KRW 30,000,000,00 in real estate purchase amount in D. The Deceased’s property is not permitted to be issued. 2) The Deceased requested the Defendant to borrow KRW 50,00,000 to the Defendant on July 2013, 2013 so that the Plaintiff may receive the visa. On September 13, 2013, the Deceased borrowed the above international marriage expenses and KRW 30,000,000 in total with the real estate purchase amount of KRW 50,000,00 in the name of the Association and deposited the principal with the maturity of KRW 50,000.

3) On November 7, 2013, the Defendant borrowed gold KRW 20,000,000 from the Deceased and paid KRW 200,000 per month interest. The Deceased was 4).

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