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(영문) 서울남부지방법원 2016.06.09 2015가합4192
대여금
Text

1. The Defendant’s KRW 1,940,00,000 as well as 20% per annum from April 18, 2015 to September 30, 2015 to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. 1) The Plaintiff loaned funds from February 201 to February 2014 as a loan for the Defendant’s credit business operation fund, and continuously traded it from time to time by the Defendant. 2) During the said period, the Plaintiff deposited KRW 686,895,00 in Korea’s bank account in the name of the Plaintiff himself/herself, KRW 63,950,00 in the national bank account, KRW 723,106,00 in the corporate bank account, KRW 18,00 in the corporate bank account, ② KRW 2,187,178,00 in the C’s bank account, and KRW 686,895,00 in the Korean bank account in the name of the Plaintiff, and KRW 1,040,050 in the Korean bank account in the name of D, KRW 1,90,00 in the sum of KRW 1,90,00 in the Korean bank account in the name of the Plaintiff.

The above entrance amount is KRW 4,641,129,00 (= KRW 723,106,00) 2,187,178,000. KRW 1,730,845,00).

3) During the above period, the Defendant deposited to the Plaintiff KRW 2,572,475,921 in total with the account in the name of C, ② KRW 29,092,725 in the name of the Defendant, ③ KRW 375,878 in each of the accounts in the name of D, and deposited KRW 2,871,94,524 in total (= KRW 2,572,475,921 won (= KRW 299,092,725,725 won) with the account in the name of D) (the Defendant asserted that he paid KRW 4,504,320,624 in excess of the above amount to the Plaintiff, but there is no evidence to acknowledge it otherwise.

(4) On February 20, 2014, the Plaintiff additionally lent KRW 90,000 to the Defendant.

The Plaintiff, as above, demanded the Defendant to arrange the existing principal and interest obligations and prepare a loan certificate. The Plaintiff and the Defendant agreed that the loan remains 2,860,000,000 won.

In accordance with the above agreement, the defendant set up a loan certificate with the content of lending KRW 2,860,000 from the plaintiff on the same day and delivered it to the plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 24, and Eul evidence 1, the purport of the whole pleadings

(b) judgment;

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