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(영문) 인천지방법원 2018.11.22 2017가단40077
대여금
Text

1. The Defendant’s KRW 90,076,00 for the Plaintiff and KRW 5% per annum from October 27, 2017 to November 22, 2018, as well as for the Plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff was paid KRW 7,296,000 as indicated in the attached Table (i.e., KRW 11,150,000-3,854,000) and KRW 104,780,00 as indicated in the attached Table (i.e., KRW 15,000,000) to the Defendant of the Plaintiff-friendly job offering, and the Defendant is obligated to pay KRW 15,00,000 (i.e., KRW 3,000,000 on January 16, 2017). Therefore, the Defendant is obligated to pay KRW 97,076,000 (= KRW 7,296,000,000) and KRW 104,780,000 on May 15, 2017).

B. Defendant 1) The Plaintiff remitted on June 3, 201 to the Plaintiff’s repayment of KRW 1 million, which the Defendant lent to the Plaintiff on May 16, 201. The Plaintiff loaned KRW 2 million on June 4, 2013, KRW 5 million on January 27, 2014, KRW 2050,000 on August 26, 2013, and KRW 51 million on July 3, 2014, the Defendant repaid the Defendant’s repayment of KRW 104,780,00 that the Plaintiff remitted to the Plaintiff from January 28, 2014 to September 9, 2015 to KRW 30,000,000 for the Defendant’s introduction, and the Defendant returned to D the Defendant’s payment of KRW 104,780,00 from May 17, 2014 to May 37, 2015 or 7.

2. Facts of recognition;

A. Attached Form

1. 1,150,000 won for the money remitted by the Plaintiff to the Defendant who made a job-friendly appearance from June 3, 2011 to January 27, 2014, as indicated in the list, and 3,854,000 won for the money remitted by the Defendant to the Plaintiff from May 16, 201 to February 28, 2012.

(The wife of the plaintiff is E, and the wife of the defendant is F, and the defendant's wife is remitted or received under these names, each plaintiff and the defendant are remitted or received). (b)

Attached Form

2. Money transferred by the Plaintiff to the Defendant or C, as indicated in the table, from January 28, 2014 to September 9, 2015, is KRW 104,780,00.

C. The Defendant remitted money to C or D as indicated in the following table:

A person transferred from the remittance date of the remittance amount of KRW 21,00,000 (D 7,000,000 on November 12, 2014) C 3, 200 (based on recognition) KRW 21,00,00,000 in the aggregate of KRW 9,00,000 on May 29, 2015 (based on recognition) 1 through 4, Gap evidence 6, Eul evidence 3, Eul evidence 4-1, an order to submit financial transaction information to a corporate bank, as a result of an order to submit financial transaction information to the corporate bank, the purport of the entire pleadings as a whole.

3. Determination

A. Whether 104,780,000 won remitted is a loan (1) January 2, 2014

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