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(영문) 인천지방법원 2014.09.17 2013나17988
대여금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall make 30,000 each to the plaintiff (appointed party) and the appointed party.

Reasons

1. Basic facts

A. The Defendant is the foundation of “E” in the Nam-gu Incheon Metropolitan City M, and D is its wife who actually operates E while performing a indecent act in E.

(hereinafter referred to as the “Defendant Husband and wife”) B.

Plaintiff

및 선정자는 사실혼 관계에 있는 사람들로 E에서 굿을 하거나 치성(致誠)을 드린 후 피고 부부에게 그 비용을 지급하거나 불전(佛錢) 명목으로 돈을 지급하기도 하는 등 여러 차례 금전거래를 하여 왔다.

C. On August 20, 2008, the Defendant issued and delivered a letter of payment (No. 3, hereinafter “instant letter of payment”) with the following content to the selector:

The address of each payment letter: The address of 60 million won above the address of 60 million won for the lease on a deposit basis, 20 million won for the lease on a deposit basis, and 40 million won shall be paid on September 4, 2008, and the amount of 40 million won shall be paid on September 20, 2008. The amount of 40 million won shall be paid on a deposit basis on September 20, 2008.

on September 4, 2008, the date of directors at the above address

(b) Tenants: C.

D. After that, the Defendant, on September 3, 2008, remitted a total of KRW 55 million to the account transfer, from September 3, 2008, KRW 10 million, KRW 15 million on September 4, 2008, KRW 15 million on September 5, 2008, and KRW 15 million on September 30, 2008, KRW 55 million on September 30, 2008.

E. On September 10, 2010, the Selection filed an application with the Defendant for a payment order claiming payment of KRW 50 million with the Incheon District Court Decision 2010 tea1571, Oct. 9, 2006. The Defendant, upon filing an objection against the above payment order on October 8, 2010, borrowed KRW 50 million from the Plaintiff on August 9, 2006 and paid interest until April 9, 2007. Thereafter, the interest was paid in cash, KRW 50 million on October 16, 2007, KRW 50 million on July 27, 2007, KRW 350,000 on October 5, 2007, KRW 3500,000 on October 16, 2007, KRW 5000 on October 27, 2005, KRW 500,0050 on October 28, 2007.

Plaintiff

In the process of making directors in a O apartment, there was a misunderstanding between the Plaintiff and D in the process of making directors in a O apartment, and no communication was made from September 2008, and the money relationship remains thereafter, and the Plaintiff still remains.

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