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(영문) 수원지방법원 안양지원 2018.06.28 2016가단17840
대여금등
Text

1. The Defendant amounting to KRW 9.9 million to the Plaintiff and the Plaintiff’s 5% per annum from March 21, 2017 to June 28, 2018.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) The Plaintiff’s assertion on the Plaintiff’s claim for damages: (a) the Defendant selectively embezzled KRW 100 million, which is the difference between 10 million and 190,000,000,000,000 for the purpose of transmitting the investment amount to the Plaintiff’s chronic system; (b) the Plaintiff was liable for damages for 2,000,000,000 won since 1.9,000,000,000 were refunded out of the above investment amount; and (c) the Defendant paid 40,000,000,000,000 won, which was received from the Plaintiff for the purpose of delivering the said investment amount to the Plaintiff with chronic system; and (b) the Defendant asserts that the difference is liable for damages for tort against the Plaintiff as to the difference 10,000 won. The evidence submitted by the Plaintiff alone is insufficient to acknowledge each of the above allegations

B. The Plaintiff’s assertion 1) The Plaintiff: (a) agreed to lend KRW 1.5 million to the Defendant at an annual interest rate of 36% on October 30, 2014; and (b) transferred KRW 13,80,000 after deducting KRW 9 million and expenses from KRW 3.9 million; (c) so, the Plaintiff was responsible for paying the remainder of KRW 9,90,000,000, and interest thereon. (d) The Plaintiff asserted that the Plaintiff is responsible for paying the remainder of KRW 9,000,000,000,000 to the Defendant; (b) according to the following purport of the evidence Nos. 1 and 7; (c) according to the overall purport of the pleadings, the Defendant lent KRW 75,00,000 to C on October 30, 2014; and (d) during that process, the Defendant offered a loan of KRW 1.5 million to the Plaintiff on deposit account of the Defendant’s account No. 1300,1,00, 30.30.

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